even my case is same, in advertisement qualification for the post was university degree, time of apply i was having two graduation one is BA another is LLB. i applied on the basis of BA, because i got more marks in that, subsequently, time of interview undertaking in format obtained that i do not have higher qualification that mentioned. subsequently, after three years of joining i requested to incorporate my higher qualifications, now charge sheet leveled against me that suppression of fact and false declaration.how is my case, is this terminable case.
Unless there was a specific condition in the employment advertisement that those having higher qualifications than the prescribed one will not be eligible, perhaps,it may not amount to deliberate concealment and suppression of material facts to gain employment.
Actually in bank while recruiting peon/Atender/sub-staff they prescribe minimum as well as maximum qualification like in present minimum qualification is 10th pass and maximum qualification is 12th fail i.e. he should be 10th pass but not cleared 12th. if any candidate who is having graduation applies for the post mentioning that he is only 10th pass and got selected, it will be injustice for those persons who are having higher qualification but not applied for the post seeing the maximum qualification. Hence, Bank action is correct for removing a person who has mis represented his qualification.
Nothing is a sin in law, if you explain to the satisfaction of the 'inquiring court'.
when i was in govt of india MOF in 1960s, a Central Excise commissioner requested CBR to make 'A degree' is needed for LDC posts while the minimum qualification was prescribed under service rules is Matriculation, the Board rejected his request, but said it is upto him to recruit an LDC having a degree. Thus similar situation arose in British era too, But British govt made it clear 'min quln' is only important for entry but higher ones can be considered; but said in RBI selections, there is bar for higher qulns for obvious reasons, then higher qualified cannot be appointed by the recruiting authority, on such situations like RBI, liability is on recruiting authority not on the applicant if his application is admitted and recruited.
Court is absolutely right. see for police constable post in maharashtra so many MBAs, BEs, other graduates applied some selected, how can Home dept can dismiss the constable even though the dept knowingly appointed such higher qualified for the job; so it caused harm very much lower qualified but duly qualified ones have to be appointed; i remember a case in central govt......
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