If an appointment is made in disregard of an advertisement, the qualification cannot be personal
11 Feb, 2016Ref: CIC: Educational qualification certificates & other documents of an employee are in the nature of personal information about a third party; filing these documents for the purpose of seeking employment not reason enough for it to be made public
http://www.rtifoundationofindia.com/cic-educational-qualification-certificates-other-d
Comment: Public Service means Service under any Public Authority of Central / Province called ‘State’ under Article 12 of COI. On which basis he, who became Public Servant, how can such material is the Personal Information, Hon’ble Supreme Court Held -
6. It must further be realised by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or even better qualifications than the appointee or appointees but who had applied for the post because they did not possess the qualifications mentioned in the advertisement. It amounts to a fraud on public to appoint persons with inferior qualifications in such circumstances unless it is clearly stated that the qualifications are relaxable. No court should be a party to the perpetuation of the fraudulent practice. We are afraid that the Tribunal lost sight of this fact. CITATION: 1990 SCR (2) 559 1990 SCC (3) 655 JT 1990 (2) 169 1990 SCALE (1)806
Name: Satyavir Singh
Email id: svskashyap@gmail.com