- (1.) The Technical employees association of Railways through its president is the petitioner here assailing the validity of circular dated 28-9-98 issued by the Railway Board.
(2.) We entertained this petition under article 32 of the Constitution even though the petitioner could have approached the high Court merely because employees of the Railways are from different parts of the country. The circular in question which is being assailed provides that for promotion from the post of Khalasi the higher qualification of matriculation and ITI pass should be achieved.
(3.) The petitioner's contention is that khalasi who are already in service, did not possess the aforesaid qualification and if such a circular is allowed to operate, there will be stagnation and, therefore, the impugned circular be quashed being hit by articles 14 and 16 of the Constitution of india. Prescribing higher qualification for the purpose of promotion whether permissible under law no longer remains res Integra. As early as in the case of The union of India v. Dr. (Mrs. ) S. B. Kohli, 1973 (3) SCC 592 : in a matter relating to the Central Health service Rules, this Court has held that it would be open for the employer to prescribe qualifications both for direct recruitment as well as for promotion. To the same effect, the judgment of this Court in mohammad Shujat All v. Union of India, 1975 (3) SCC 76 : and the decision of this Court in tamil Nadu Water Supply case reported in 1994 (6) SCC 282. For maintaining efficiency of service, the higher qualification is required for discharge of the duties in the higher positions and therefore, prescribing such qualifications cannot be held to be arbitrary or irrational. In the case in hand, the Board has issued circular in consonance with the recommendation of the pay Commission. In that view of the matter, we see no infirmity with the impugned circular so as to be interfered with by this Court. The writ petition is accordingly dismissed. Petition dismissed.;