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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml"> <head> </head> <body> <div style="font-family:Verdana, Geneva, sans-serif; font-size:12px; text-align:justify"> <table width="800" border="0" style="border:1px solid #ccc;padding:5px;" align="center" cellpadding="6" cellspacing="0"> <tr> <td align="left" valign="top"> <br /> High Court of Delhi <br /><br /> Only Employer and not the Court can decide the eligibility criteria required by candidate to be satisfied for being appointed to post<br /><br /> MANU/DE/3401/2016 - (20 Dec 2016)<br /><br /> </td> </tr> <tr> <td align="left" valign="top">Amit v. Union of India and Anr.</td> </tr> <tr> <td align="left" valign="top" style="background-color:#FDEDCE"><strong>By present writ petition, Petitioner seeks the relief of employment with Respondent no.2/Food Corporation of India/employer to post of Assistant Grade-III (General). Petitioner was denied appointment on ground that, Petitioner only has three years diploma in Hotel Management instead of the required graduation degree of a recognized university, and which was the term of the recruitment process in terms of the advertisement. <br><br> Admittedly, Petitioner does not have a graduation degree from a recognized University and he is only claiming equivalence of his Diploma in Hotel Management to a graduation degree. In any case it is for employer, and not this Court, to decide what are the specific eligibility criteria required by a candidate for being appointed to the post. In case of Sh. Mahesh Chandra Joshi Vs. Gail India Ltd. W.P.(C) 8150/2016 it is held that, it is privilege of employer to decide, what are the qualifications it wants from a candidate for applying and granting appointment to a post and an employee cannot dictate that instead of qualifications as prescribed by proposed employer some other qualifications be taken. <br><br> There is no law for treating a diploma in Hotel Management of three years as equivalent to a graduation degree of a recognized University. It is for the employer to decide what should be the eligibility criteria required by a candidate to be satisfied for being appointed to a post, and hence relief cannot be granted in this writ petition.</strong></td> </tr> <tr> <td align="left" valign="top" ><strong>Relevant : Sh. Mahesh Chandra Joshi Vs. Gail India Ltd. W.P.(C) 8150/2016</strong></td> </tr> <tr> <td align="left" valign="top" ><strong>Tags : Appointment, Criteria, Privilege, Employer</strong></td> </tr> <tr> <td align="left" valign="top"> </td> </tr> <tr> <!--<td><strong>Source : <a target="_new" href="http://www.manupatrafast.com/">newsroom.manupatra.com</a></strong></td>--> <td align="left" valign="top"><strong>Source : newsroom.manupatra.com</strong></td> </tr> <tr> <td align="left" valign="top"> </td> </tr> <tr> <td align="left" valign="top">Regards</td> </tr> <tr> <td align="left" valign="top">Team Manupatra</td> </tr> <tr> <td align="left" valign="top"> </td> </tr> </table> </div> </body> </html>