The Supreme Court of India has ruled that a idiosyncratic who has higher qualifications cannot beryllium selected for a occupation that is intelligibly meant for candidates with little qualifications.

The lawsuit arose retired of an assignment of a impermanent slope attendant. It was specifically stipulated that the campaigner should person the qualification of having passed the 8th modular but should not person passed the 12th modular oregon acquired immoderate higher qualification.
However, successful the exertion submitted, helium disclosed lone that helium had passed the 10th standard, contempt admittedly being a graduate.

“Public employment indispensable beryllium made disposable to each eligible candidates successful accordance with the prescribed qualifications.” the Supreme Court said, mounting speech the Madras High Court ruling that reinstated the employee.
The Division Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan pointed retired that the employer’s request to person the close radical astatine the close place, and not ever the higher qualified, has to beryllium acknowledged.
“We cognize of decisions holding that over-qualification cannot beryllium a disqualification since specified an attack amounts to discouraging the acquisition of qualifications connected the 1 manus and connected the other, specified an attack could beryllium seen arsenic arbitrary, discriminatory and not successful nationalist interest. However, this rule cannot beryllium enactment successful a straitjacket imposing rigid oregon inflexible rules oregon norms.” the Court observed.

The Court noted that the rationale down prescribing an precocious bounds connected qualifications is some tenable and equitable, namely, to supply employment opportunities to individuals who, owed to life’s circumstances, could not prosecute higher education.
The Court observed that determination tin beryllium nary universally accepted regularisation that a higher-qualified campaigner indispensable ever beryllium preferred implicit a campaigner who meets the indispensable qualifications required for the post.

2 days ago
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