Alok Shukla And Anr Vs State Of UP And 2 Ors: Courts Cannot Order The Government To Use A Particular Process Of Hiring Or Set Qualifying Criteria For Operations

Date of judgment:
24/02/2022

Bench:
Justice Mrs. Manju Rani Chauhan

Parties:
Petitioner: Alok Shukla & anr
Respondent: State of UP & 2 Ors

Subject

Justice Manju Rani Chauhan's bench stated that recruitment and nomination to any position shall be made precisely in compliance with the conditions of the Ad and hiring guidelines.

OVERVIEW

1. The Court was hearing a writ petition filed by Alok Shukla and another contesting the UPPSC's advertisements soliciting submissions for 16 mining executives and 36 mining inspectors’ positions.
2. Their request was for responding bodies to regard a Job Graduate Degree in Geology as a necessary requirement for eligibility for the position of Mines Officer, and to treat a B.Sc. in Geology as an important requirement for eligibility for the position of Mines Inspector.
3. According to the UP Geology and Mining Service Rules of 1983, a graduate in mining engineering or a qualification in mining engineering with one year ofexpertise for the position of Mining Officer was deemed necessary, whereas a doctorate in mining engineering was required for the position of Mining Inspector.
4. In this context, they particularly asserted that, although the appellants' credential of a master's degree in geology was significantly higher than that needed under the Service Rules of 1983 and the commercial for the position of Mining Office, the appellants were unable to apply because the bachelor's had indeed been implicitly exempted as a credential.
5. Nevertheless, after a lengthy argument, the applicants' lawyer limited his request to have the case brought just before State Government such that rise to the notion may be made in conformity with the legal aspects.

LEGAL PROVISION

UP Geology and Mining Service Rules of 1983, Service Rules of 1983

ISSUE

Whether courts can order the government to use a unique or specific way of hiring or set qualification standards?

JUDGEMENT

1. The Court stated at the beginning that, while the appellants have better credentials than those needed for the aforementioned positions mentioned in the guidelines, there was no explanation or confirmation by the State Government helping for similarity of any other credential for the positions of Mining Officer and Mining Inspector.
2. Furthermore, the Court stated that the State Government must make a political decision regarding modifying the educational degree for the positions of Mining Officer and Mining Inspector, which cannot be lawfully examined by this Court.
3. The Judge, on the other hand, dismissed the appeal with a request that the appellants make a comprehensive description to the officials.

CONCLUSION

The Allahabad High Court had ruled that prescribing credentials and other workplace conditions is a point of principle that is solely within the authority and power of the state, and that courts cannot order the government to use a certain methodology of selection or requisites.

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