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In our view, in service jurisprudence the 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.

...In these circumstances, the post of EDDA was notified to the Employment Exchange and general public by the respondent-Department. The respondent Nos. 1 and 2 had justified the selection and appointment of the appellant on the basis of marks secured by him in Matriculation examination, which according to them is a preferential qualification, as per the Guidelines/Norms/Instructions prescribed by the Competent Authority.

10 (b) Power of Review by superior authorities:

The Supreme Court in Union of India and Ors. v. Bikash Kuanar upheld the view of the Division Bench of the Orissa High Court and restricted the scope of power of review. The relevant passages found from paragraphs 7 to 16 may be usefully reproduced below: