The Allahabad High Court held that the desirability of a particular qualification that may be prescribed for a particular service cannot be determined or assessed by the Court.
A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a petition filed by Smt Kavita Sonkar
The writ petition has been filed by the petitioner with the following prayer:-
“(a) Issue a writ, order or direction in the nature of certiorari quashing thereby call upon the respondents to produce order of cancellation of candidature of the petitioner passed by the respondents and this Hon’ble Court also be pleased to quash the aforesaid order regarding cancellation of candidature of the petitioner.
(b) issue a writ, order or direction in the nature of Mandamus directing the respondents to permit the petitioner to join her duty on the post of A.R.O. in pursuance of the advertisement No.A-6/E-1/2014 R.O./A.R.O. (direct/special recruitment examination 2014) and this Hon’ble Court also be pleased to direct the respondents to recommend selection of the petitioner on the post of R.O./A.R.O.”
Counsel for the petitioner submitted that the petitioner applied for the post of A.R.O in pursuance of Advertisement and was declared successful in the pre and main examination, but the appointment has not been given to the petitioner for the reasons best known respondents Commission.
Counsel for the respondents-Commission, on the basis of instructions received, submitted that one of the requirements for the post of Assistant Review Officer is that candidates should possess ‘O’ Level Certificate in computer Application from an Institute recognized by the Government.
He further submitted that the petitioner, who applied for the post of A.R.O, did not possess “O” Level certificate awarded by the DOEACC society or a qualification equivalent thereto, therefore, his candidature has been rejected when the document were being verified. Thus, the relief as prayed cannot be granted.
From perusal of advertisement as well as the document as annexed to the petition, it is clear that the petitioner possesses the DCA Certificate, which is not equivalent “O” Level certificate awarded by the DOEACC society or a qualification equivalent thereto, therefore, he is not eligible or qualified for the post of Assistant Review Officer as per the prescribed qualification mentioned in the advertisement, the Court observed.
The Court said that, it is the Commission/competent authority, who has right to consider the case of the petitioner and it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed. Here too the Courts must exercise due restraint and desist from treading down this path since these issues must be left to the fair judgment and assessment of the employer and the experts in the field.
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In view of the aforesaid discussion, the Court is of the considered view that the petitioner possess the DCA Certificate, which is not equivalent “O” Level certificate awarded by the DOEACC society or a qualification equivalent thereto, therefore, he is not eligible or qualified for the post of Assistant Review Officer as per the prescribed qualification mentioned in the advertisement, hence it would be impermissible to consider the petitioner as being eligible for the said post and relief as prayed has also not been granted.
Accordingly, the Court dismissed the writ petition.