A Bench comprising Justice C K Thakker and Justice Altamas Kabir allowed an appeal of Bihar Public Service Commission (BPSC) against Patna High Court judgement, reversing the Commission's order cancelling the candidature of respondent Kamini for the post of District Fisheries Officer-cum Chief Executive Officer, on the grounds that she did not possess requisite qualifications for the post.
The Court noted, ''Again it is well settled that in the field of education, a court of law cannot act as an expert. Normally, therefore, whether or not a student/candidate possesses requisite qualifications should better be left to educational institutions.'' The candidature of Kamini was cancelled on the grounds that she did not possess the requisite qualification namely BSc-Zoology and a letter was issued to her inadvertently asking her to appear for an interview.
A single judge Bench of the High Court had dismissed her petition but the Division Bench of the Court allowed her appeal.
The apex court, while accepting the appeal of the BPSC, noted, ''It is well settled and needs no authority that misconstruction of a provision of law in one case does not give rise to a similar misconstruction in other cases on the basis of doctrine of equality. An illegality cannot be allowed to be perpetuated under the so-called equality doctrine. That is not the sweep of Article. Even that contention, therefore, has not impressed us.
Therefore, even if in 1993 some ineligible candidates were wrongly treated as eligible , the first repondent cannot insist that she must also be treated as eligible though she is ineligible. In our opinion such an action cannot give rise to equality clause enshrined by Article 14 of the Constitution.'' UNI AKS/SC MS HS1957