Can’t disqualify candidate for being over-qualified: HC quashes Moga MC’s decision rejecting candidate’s claim
The Bench made it clear that the salary would be payable only from the actual date of joining, with seniority to be determined strictly as per the merit lis
Holding that a candidate cannot be disqualified for possessing a qualification higher than the minimum prescribed, the Punjab and Haryana High Court has quashed the Municipal Corporation, Moga’s decision rejecting a candidate’s claim for appointment to a post merely because he did not produce an eighth-class Punjabi certificate, despite having passed the subject at higher levels.
Allowing the writ petition, Justice Harpreet Singh Brar set aside the order dated August 8, 2025, and directed the competent authority to reconsider the petitioner’s case within six weeks. The court further ordered that the petitioner be granted the same deemed date of appointment as other successful candidates.
The Bench made it clear that the salary would be payable only from the actual date of joining, with seniority to be determined strictly as per the merit list.
“There is no justification in the respondent-Corporation rejecting the claim of the petitioner merely for want of 8th class certificate,” Justice Brar held.
The matter was brought to Justice Brar’s notice after the petition was filed against the State of Punjab and other respondents by Lakhvinder Singh through counsel Amrinder Pratap Singh.
Higher qualification cannot be a disqualification
The court examined the recruitment advertisement, which prescribed eight class level qualification in Punjabi language as the minimum benchmark for appointment to the post of Beldar. Justice Brar observed that the petitioner had passed Punjabi in Class 10 and Class 12, as reflected in certificates issued by the Punjab School Education Board.
Referring to the undisputed factual position, Justice Brar observed: “Admittedly, the petitioner has passed the Punjabi language examination with 52 per cent marks in the subject in 10th class and 74.6 per cent marks in 12th class. Thus, there is no justification in the respondent-corporation rejecting the claim of the petitioner merely for want of eight class certificate.”
The court added even the counsel appearing for the respondent could not dispute the settled legal position. “The counsel for the respondent could not controvert the fact that candidature cannot be rejected for possessing qualifications higher than those prescribed,” Justice Brar added.
Purpose of qualification, not mechanical exclusion
Interpreting the advertisement purposively, Justice Brar asserted the object of prescribing Punjabi as a qualification was functional competence, not rigid formalism. “A perusal of the advertisement makes it clear that the intention is to ensure that those appointed to the post of Beladar possess an effective understanding,” the court observed.
Relief and directions
Before parting with the case, Justice Brar ordered: “The present petition is allowed and the impugned order dated August 8, 2025, is hereby quashed and set aside. The competent authority is directed to consider the case of the petitioner afresh in aforesaid terms within six weeks from the date of receipt of a certified copy of this order.”
Larger implications
The ruling reinforces a consistent judicial view that recruitment authorities cannot invent technical barriers not rooted in the purpose of eligibility criteria. By stressing that higher qualifications cannot become grounds for rejection, the judgment comes as a reminder to public bodies against arbitrary exclusion and mechanical interpretation of recruitment rules.
