Court can’t interfere with employer’s qualification criteria for a post: J&K&L HC

A bench the Jammu and Kashmir and Ladakh High Court ruled that qualification requirements for positions can only be set by employers and that no judicial intervention should be there unless the requirements are irrational or illogical


A bench of the Jammu and Kashmir and Ladakh High Court, while observing a matter recently, stated that a job aspirant with a higher qualification than what is prescribed for a particular position may not be right for employment and that the employer is justified in excluding such aspirants from the hiring process.

The Bench, comprising Justice Sanjay Dhar and Justice Ali Mohammad Magrey, was hearing a letter patent appeal which challenged the Single Judge order, where the court had said that candidates with higher qualifications are not eligible to apply when a job advertisement prescribes a minimum and maximum qualification for a particular job.

The appellant wished to apply for the position of an attendant with the Jammu and Kashmir Public Service. However, he was deemed overqualified, and hence, was barred from applying for the post.

In this case, the Court observed that the appointment to the position under the Jammu and Kashmir Service has to be in accordance with the Jammu and Kashmir Appointment to Class- IV (Special Recruitment) Rules, 2020.

The court observed that setting the basic qualification requirements for a position is the employer’s call entirely, and that it is not liable to be interfered with judicially, unless the policy decision itself is found to be unreasonable or illogical.

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