In the case of selection of candidates for government jobs, only madhyamik qualification are required for this job.In this job, madhyamik , undergraduate and postgraduate holder candidates applied for this job. Every undergraduate and postgraduate holder candidate's only madhyamik marks will be considered as a qualification criterion.
12th, graduate and above marks will be not considered for this job. Only madhyamik marks will be considered.
I have heard that there is a judgment of the Supreme Court on the above issue or similar types of issue. Can you tell me in which case such a verdict was given?
Hello sir, greeting of the day.
As per your query, you wanted to know some judgements that have been passed which passed the verdict that 12std or above, those considered over qualified for the job will not be considered. Here are some of the judgements from different High Courts and Supreme Court.
The Court upheld an order of the Punjab National Bank which terminated the service of a peon who had suppressed the fact that he was actually a graduate. By considering an earlier verdict of the top court as precedent, the bench said that the suppression of material information and making a false statement have a clear bearing on the character and antecedents of the employee in relation to his continuance in service. The Court observed that, qualifications are prescribed keeping in view the needs and interests of an institution or an industry or an establishment as the case may be. The courts are not fit instruments to assess expediency or advisability or utility of such prescripttion of qualifications, it said. The Court further said that, any prospective employer at his discretion not appoint a candidate who is over qualified for the job. In a judgement, the bench led by Justice Ashok Bhushan stated that, in such cases the courts have very limited power of judicial review over such decisions by employers. Although the prescripttion of qualifications for a post must be given as a matter of requirement policy, but the discretion solely lies with the employer.
You can find similar type of judgements in P.Sudalaimuthu vs Union Bank Of India on 11 December, 2017, Santosh Kumar Meena And Ors vs Govt. Of N.C.T. Of Delhi And Ors on 29 July, 2013, and Santosh Kumari Khirbat & Ors. vs . State Of Nct Of Delhi on 31 May, 2019.
Hope this answers your query.
Regards
Nirali Nayak
Law Student
