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16. As regards the challenge to the appointment of Virendra Kumar to the loss of Awasthi with respect to the process of selection of Virendra Kumar, it is clear that rule-2 of Section IV of the 1964 rules lays down the necessary provisions with respect to selection criteria. The same is extracted hereunder:

Section IV - Rule-2:

"2. Educational Qualifications:

       ED        Sub-      Matriculation,     [The     selection
       Postmasters         should be based on the marks
       and ED Branch       secured in the Matriculation or
       Postmasters:        equivalent      examinations.      No
                           weightage need be given for any
                           qualification(s)     higher     than
                           Matriculation.]

       ED     Delivery     VIII Standard. Preference may be
       Agents      ED      given to the candidates with
       Stamp Vendors       Matriculation qualifications. No
       and All other       weightage should be given for any
       Categories   of     qualification      higher     than
       EDAs.               Matriculation.      Should    have
                           sufficient working knowledge of the
                           regional language and simple
                           arithmetic so as to be able to
                           discharge         their      duties
                           satisfactorily. Categories such as
                           ED Messengers should also have
                           enough working knowledge of
                           English.

Evidently while minimum requirement is Class VIII standard, preference is to be given to candidates with Matriculation qualifications and no weightage is to be given for a CAT, Lucknow Bench - OA No. 609/1995 & OA No. 18/1996 qualification higher than Matriculation. It is no longer res integra that wherever higher-level qualification is prescribed as being preferred then the assessment will be based on the preferred level and not the minimum prescribed level. The fact that Virendra Kumar secured the highest marks amongst the candidates at Matriculation who responded to the notification for EDDA Diguria and Awasthi was at a low 30% for the Matriculation. For Awasthi to now contest in the event of a failure to qualify that the criteria of assessment was unlawful is highly misconceived in the eyes of law and there are any number of judgements of the Hon Apex Court on the matter that a preferred qualification is vires per the Constitution and failure cannot challenge an examination.

16.1. The counsel for Virendra Kumar has asserted by citing judgement passed by Hon‟ble Supreme Court in Surinder Singh vs Union Of India & Ors on 30 March, 2007, Appeal (civil) 143 of 2001, wherein, it has been held as under:

"..These Guidelines/Norms/Instructions clearly stipulate that if the candidates, who have passed Matriculation examination, are available for selection to the posts of EDDA, the selection should be made by the Selection Committee on the basis of the marks obtained by the candidates in preferential qualification (i.e. Matriculation) and in the absence of Matriculate candidates, the selection has to be made on the basis of essential qualification, viz. 8th standard. It appears that the CAT as well as the High Court, both have lost sight of the object and import of the Guidelines/Norms/Instructions dated 21.07.1998 laid down by a Competent Authority. The CAT is not competent to lay down criteria for the selection and appointment to the post of EDDA. It is the prerogative and authority of the employer to lay down suitable service conditions to the respective posts. In our view, in service jurisprudence the CAT, Lucknow Bench - OA No. 609/1995 & OA No. 18/1996 prescription of preferential qualification not only refers to numeric superiority but is essentially related to better mental capacity, ability and maturity to shoulder the responsibilities, which are entrusted to the candidates after their selection to a particular post. All the more, it is important for efficient and effective administration. The basic object of prescribing a minimum qualification is to put a cut off level for a particular job in accordance with the minimum competency required for the performance of that job. The object of prescribing preferential qualification is to select the best amongst the better candidates who possess more competence than the others. Sub-clause (iv) of Clause 2 puts a limit with respect to preferential qualification by way of a clear stipulation that no preference should be given to the qualification above Matriculation. Hence, the preferential qualification was considered to be more effective and efficient and also it was a clear assumption that a candidate possessing the same is best suited for the post in question.

"15. ... It is true that notwithstanding the preference rule it is always open to the recruiting agency to prescribe a minimum eligibility CAT, Lucknow Bench - OA No. 609/1995 & OA No. 18/1996 qualification with a view to demarcating and narrowing down the field of choice with the ultimate objective of permitting candidates with higher qualifications to enter the zone of consideration."

In view of the above-stated factual situation and settled position of law, the orders of the CAT as well as the High Court cannot be sustained. For the above-said reasons, the appeal is, accordingly, allowed. The judgment and order dated 27.09.2000 of the High Court of Punjab and Haryana at Chandigarh in CWP Nos.13280-CAT/2000 confirming the order of the CAT, Chandigarh Bench, Chandigarh, in O.A. Nos.171 HR/2000 is quashed and set aside. Respondent Nos. 1 to 3 are directed to take necessary steps for facilitating the resumption of the duties of the appellant on the post of EDDA. In the facts and circumstances of the case, there shall be no order as to costs. The point is that the Hon Apex Court has held that "guidelines / norms/ instructions clearly stipulate that if the candidates, who have passed matriculation examination are available for the selection to the post of EDDA, the selection should be made by the selection committee on the basis of the marks obtained by the candidates in preferential qualification (i.e. Matriculation) and in the absence of Matriculate candidates, the selection has to be made on the basis of essential qualification i.e. "8th Standard". In the present case the petitioner as well as the opp. Party R.K. Awasthi possess preferential qualification i.e. Matriculation and selection has been made on the basis of preferential qualification as such there is nothing wrong in the selection. 16.2. Other citations filed are as under: