Prescription Of Qualification For Recruitment Outside Domain Of Judicial Review Unless Affected By Manifest Arbitrariness: Karnataka High Court

A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty said,

"It is settled in law that qualification prescribed for appointment to the post has to be decided by an employer. The Courts cannot lay down the conditions or eligibility. The question of prescription of qualification is outside the domain of judicial review unless it is affected by manifest arbitrariness."

The petitioners Sampada and others have obtained degrees in Psychology and Journalism as well as Bachelors of Education.The petitioners have also passed teacher eligibility test and are employed as Teachers in private schools.

They had approached the court seeking to quash the amendment of the schedule of Karnataka Education Department Services (Department of Public Instructions) (Recruitment) Rules, 1967 and also the schedule imposing minimum qualification for the post of graduate primary teacher, excluding the subjects Psychology and Journalism by virtue of Notification dated 22.02.2022. Further they had sought a direction to the respondent to include the subject combination English, Psychology and Journalism, as eligibility criteria.

The bench noted that the qualification which has been prescribed for the amendment is not contrary to, but is in addition to the minimum qualification prescribed by the National Council for Teacher Education. Further it said, "The prescription of qualification is a matter which is to be decided by experts. The provision could not be demonstrated to be suffering from manifest arbitrariness. The Government of Karnataka has prescribed the educational qualification in addition to the minimum qualification prescribed by the National Council for Teacher Education."

It added,

"The prescription of qualification by way of amendment cannot be said to be in violation of the qualification prescribed by National Council for Teacher Education. Therefore, the prescription of qualification for recruitment to the post of Graduate Primary Teacher cannot be quashed."

The court then held, "This Court cannot issue a writ of mandamus directing prescription of a particular qualification. For the aforementioned reasons, we do not find any merit in the writ petition. The same fails and is hereby dismissed."

Case No: WP 8202/2022

Citation: 2022 LiveLaw (Kar) 139

Date of Order: April 22, 2022

Appearance: Advocate S Rajashekhar for petitioners; AGA Vani H for respondents

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