Excelsior Correspondent
JAMMU, Jan 31: High Court has held that employer is the best person to judge the suitability of the candidate for a particular post depending upon the requirements of a specialized qualification for the post.
The observation has been made by Justice Rajnesh Oswal in a petition filed by Amrinder Singh as the J&K Grameen Bank did not issue formal order of appointment in his favour.
After hearing Senior Advocate Abhinav Sharma with Advocate Saba Atiq for the petitioner whereas Senior Advocate Rahul Pant with Advocate Dhruv Pant for the respondents, Justice Oswal observed, “it is the employer who has to determine the suitability of the candidate depending upon the requirements for the particular post and the candidate cannot dictate terms to the employer to interpret the requisite qualification in a particular manner, when the reasoning assigned by the employer while rejecting the candidature is neither arbitrary nor perverse”.
“The contention raised by the petitioner, though not pressed during the course of arguments, is that in the case of Sanchit Gupta, the respondents while appointing him have relied upon the certificate issued by the SIT Institute, whereas the post required specialized qualifications”, High Court observed, adding “it is the prerogative of the employer to determine the eligibility of the candidate depending upon the qualifications prescribed for the post and the petitioner cannot derive any benefit out of the selection of Sanchit Gupta”.
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