Amit v. Union of India and Anr. - (High Court of Delhi) (20 Dec 2016)

Only Employer and not the Court can decide the eligibility criteria required by candidate to be satisfied for being appointed to post

MANU/DE/3401/2016

Service

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.

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.

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.

Relevant : Sh. Mahesh Chandra Joshi Vs. Gail India Ltd. W.P.(C) 8150/2016

Tags : APPOINTMENT CRITERIA PRIVILEGE EMPLOYER