The High Court (HC) of Jammu & Kashmir and Ladakh Tuesday held that merely because a candidate possesses a degree does not mean that he/she is eligible for the post which has a prescribed qualification of diploma or 10+2.
The court dismissed the plea of candidates challenging the Central Administrative Tribunal (CAT) judgment whereby the Tribunal had held that the action of respondent Service Selection Board (SSB) in not accepting the candidature of the petitioners on the ground that they did not possess requisite prescribed qualification as per the advertisement notice cannot be faulted and, accordingly, the petition was dismissed.
In 2019, the SSB had issued two advertisement notices for the posts of Radiographic Technician, Clinical Staff for Casualty Bed, Technical Assistant/Technician (Anaesthesia) and Theatre Assistant/Technician in two Government Medical Colleges of Anantnag and Baramulla respectively.
Aggrieved by the selection list, the candidates possessing higher qualifications challenged the selection list of private respondents holding diploma or 10+2 before the Tribunal.
A division bench of Justice Ali Mohammad Magrey and Justice Sanjay Dhar while upholding CAT judgment held that there is no error or illegality in the impugned judgment passed by the Tribunal.Citing Supreme Court directives, the bench held that it is for the employer to determine the relevancy and suitability of the qualification for the post keeping in view the interest of the institution and the courts are not equipped to assess the expediency and the advisability of prescription of these qualifications.
“Thus, the court cannot expand the scope of qualification prescribed in the advertisement notice by reading into the same a higher qualification,” the bench said in a 15 page judgment, Perusing the records, the court pointed out that the advertisement notices clearly provide that the prescribed qualification is Diploma in the relevant field. “The expression “above” is missing over here leaving no scope for inclusion of higher professional qualification,” the court underscored.
The court recorded that the advertisement notices were issued on the basis of the requisition made by the indenting department i.e. Health and Medical Education Department and the prescribed qualification was governed by the government.
order issued in this regard as there were no recruitment rules framed for the advertised posts. The court underscored that neither there is any specific rule which makes the degree holders eligible nor is there any clarification issued by the government in this regard.Further there is no such material on record from which it can be inferred that degree holders are eligible for the advertised posts, the bench recorded.
“For the foregoing reasons, we do not find any error or illegality in the impugned judgment passed by the Tribunal,” the bench said.The court held that the impugned judgment of the Tribunal is well reasoned and lucid. “The same does not call for any interference. The writ petition lacks merit and the same is, accordingly, dismissed,” the bench said.