Excelsior Correspondent
Srinagar, Oct 13: High Court today held that bar of qualification set by the recruiting agency for a given post as per rules cannot be altered.
The court while setting aside the order of a single bench wherein court had directed Government to include Degree holders of B Pharmacy for the posts of junior Pharmacists for which Diploma in Pharmacy as qualification was prescribed.
The Division Bench of Justice Ali Mohammad Magrey and Justice Rajnesh Oswal recorded that writ court while holding that the writ petitioners possessed higher degree and that they could not be excluded from the select list, has been clearly in error.
The Bench said: “Participation of the writ petitioners in the written test and interview or the fact that their names had figured in merit list would not alter the situation and make them eligible for the post, especially so when the Government had clearly conveyed to the Board that candidates possessing B. Pharmacy were not eligible for the post.”
Court while giving reference to Supreme Court directives recorded that the law is settled that prescription of qualification for a post is a matter of recruitment policy, and that the State as employer is entitled to prescribe qualifications as a condition of eligibility after taking into consideration nature of job, aptitudes required for efficient discharge of duties, functionality of qualifications, course content leading up to acquisition of qualification etc.
Division Bench held that it is the Government which is competent to decide what should be the qualification prescribed for a post and, in the instant case, the Government has, in fact, made Rules, namely, prescribing the qualifications.
“These Rules do not contain any provision stating that B. Pharmacy is equivalent to Diploma in Pharmacy or that B. Pharmacy presupposes acquisition of Diploma in Pharmacy. In these circumstances, we are of the view that this Court does not have the power to substitute the Government’s policy or decision in this regard by its own opinion or view, or to add to the Rules what is not contained therein,” the bench recorded.
The court while allowing the appeal of J&K Service Selection Board and another and setting aside the judgement dated September 19, 2017 passed by writ court in case titled Basit Aslam Wani verses State of J&K & others directed the Board and the official respondents to complete the process of recommendations and/or appointments against the post.
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