Courts Can’t Expand Scope Of Qualification Prescribed By Employer By Reading Into It A Higher Qualification
Case: Qazi Gousia Jeelani Vs Mehraj Ud Din Najar and ors
Coram: Justices Sanjeev Kumar and M A Chaudhary
Case No.: LPA No. 165/2021
Court Observation: “It would not be permissible to draw an inference that a higher qualification necessarily pre-supposes the acquisition of another, albeit lower, qualification. The prescription of qualifications for a post is a matter of recruitment policy. The state as the employer is entitled to prescribe the qualifications as a condition of eligibility. It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications. Similarly, equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the state, as the recruiting authority, to determine”.
“We are of such opinion in view of the well established position that it is not for the Court to read into or assume and thereby include certain qualifications which have not been included in the Notification by the employer. Having taken note of the specific qualification prescribed in the Notification it would not be open for a candidate to assume that the qualification possessed by such candidate is equivalent and thereby seek consideration for appointment”.
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Keywords
Scope Of Qualification,
