Excelsior Correspondent
Srinagar, Feb 7: High Court has held that it is the prerogative and choice of the employer to prescribe and fix the qualification for a particular post and courts have no expertise to determine the same.
The aggrieved candidate along with other eligible candidates participated in the selection process initiated by the Staff Selection Commission for filling up in as many as 6224 vacancies of constables in the ITBP.
The petitioner-Vishal Khajuria was provisionally allowed to sit in various tests including the written test conducted by the Staff Selection Commission and claimed to have scored 44 points and was having more marks than the candidate last selected, yet he was not finally selected and offered appointment on the ground that he does not possess the requisite qualification prescribed in the advertisement notification.
Feeling aggrieved of his ouster from the final select list and consequent denial of appointment letter, he approached the court with the instant petition submitting that he has done ‘Adeeb’ course from Jamia Urdu Aligarh which is equivalent to the qualification prescribed for the post in question.
Justice Sanjeev Kumar after hearing counsel for the parties and perusal of the material on record, said the short point that arises for consideration is as to whether the petitioner who has done Adeeb from Jamia Urdu, Aligarh possesses the qualification of matriculation or equivalent, as prescribed in the advertisement notification and, therefore, eligible to participate in the selection process.
“Indisputably, the petitioner does not possess the qualification of matriculation (10th) from any recognized school or board of school education. He, however, has done Adeeb from Jamia Urdu, Aligarh. Government of India, Ministry of Home Affairs, Department of Personnel and Administrative, New Delhi has issued an office memo dated 28th June, 1978 for recognition of qualifications imparted by Jamia Urdu, Aligarh for the purpose of employment under the Central Government”, Justice Kumar said.
The court after dismissing the plea of the aggrieved candidate has held that prescribing a requisite qualification and the qualification equivalent thereto for a particular job is the prerogative of the employer and the courts are loath to enter into this arena and determine the qualifications which are equivalent to a particular qualification prescribed for recruitment to a post.
“The respondents have, in their wisdom, prescribed qualification of 10th standard or equivalent from a recognized institute or board and they are well within their rights to lay down as to which other qualifications are to be treated as equivalent to the prescribed qualification”, Justice Kumar clarified.
Referring the memo issued by the Government of India, court said there is no dispute with regard to the fact that post of Constable is not such as would require the knowledge of Urdu of High School/Matriculation standard, a fortiori it would mean that the petitioner possessing the qualification of Adeeb from Jamia Urdu, Aligarh does not possess the qualification of 10th or equivalent and therefore, is not eligible to be appointed as Constable.
“The eligibility for recruitment goes to the root of selection and the person, who does not possess the prescribed qualification, cannot be appointed against the post even if he has qualified all the tests laid down for such recruitment. In view of the aforesaid, I find no merit in this petition and the same is, accordingly, dismissed”, Justice Kumar concluded.
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