Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court

The Allahabad High Court has observed that it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed for a particular service.

The Bench of Justice Manju Rani Chauhan observed thus while hearing a writ plea filed by one Kavita Sonkar who appeared and cleared the pre and main examination conducted by the State Public Service Commission for the post of Assistant Review Officer.

It was her case that despite clearing the examination, she was denied a final appointment as she did not possess 'O' Level Certificate in Computer Application from an Institute recognized by the Government, which was a mandatory qualification as per the advertisement issued by the State Public Service Commission.

She prayed before the Court that the order of cancellation of her appointment be quashed and she be recommended for the Job by the commission.

Having heard the Counsel of the petitioner, the Court, at the outset, observed that the petitioner possessed the DCA Certificate, which is not equivalent "O" Level certificate awarded by the DOEACC Society or a qualification equivalent thereto, and therefore, the Court added, she is not eligible or qualified for the post of Assistant Review Officer as per the prescribed qualification mentioned in the advertisement.

Further, the Court significantly observed and held thus:

"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."

The Court also referred to the ruling of the Apex Court in its 2019 decision delivered in the case of Zahoor Ahmad Rather Vs. Imtiyaz Ahmad (2019) 2 SCC 404, wherein it had averred thus:

"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"

In view of this, the Court was of the view that the petitioner was not eligible or qualified for the post of Assistant Review Officer as per the prescribed qualification mentioned in the advertisement, hence, the Court held, it would be impermissible to consider her as being eligible for the said post. Accordingly, the writ petition was dismissed.

Case title - Smt. Kavita Sonkar v. State Of U.P. And 2 Others
Case citation: 2022 LiveLaw (AB) 135

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