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New Delhi (ILNS): The Supreme Court yesterday rejected a plea that over-qualification cannot be a ground for disqualification and upheld the order to terminate the services of a peon of Punjab National Bank (PNB). The peon had concealed the fact that he was a graduate.
The apex court quashed two orders of the Orissa High Court, wherein the court had asked the bank to allow the peon to continue his services.
The apex court said: “A candidate who hides important information or misinforms cannot claim to remain in service.” It also pointed out the fact that it was clear in the advertisement that the candidate should not be a graduate.
The court said that instead of challenging the qualification, Amit Kumar Das had applied for the job by hiding his qualifications. The apex court said that Das deliberately concealed information about his graduation and hence the high court erred by directing the defendant to continue his work as a peon.
The apex court referred to one of its earlier verdicts, saying that hiding important information and misrepresentation affects the character of the employee and his introduction.
The bench also referred to the fact that the bank had invited applications for the post of peon by advertising in newspapers in which it was clarified that by the date of January 1, 2016, the applicant should have passed class 12 or its equivalent but not a graduate.
The court said that according to the eligibility mentioned in the advertisement, the graduate person was not eligible to apply for this post. The court said that Das had applied for the post of peon, but did not provide information that he had a bachelor’s degree since 2014 and only mentioned that he had passed class 12.
-India Legal Bureau
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