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Qualification to a post outside the domain of judicial review: HC

The court made this observation in a recent order while rejecting a petition filed by aspirants to the post of graduate primary teacher (language)
Last Updated 02 May 2022, 23:20 IST

The high court has said that the question of prescription of qualification to a post is outside the domain of judicial review unless it is affected by manifest arbitrariness.

The court made this observation in a recent order while rejecting a petition filed by aspirants to the post of graduate primary teacher (language).

The petition challenged the February 22, 2022 notification.

The notification amended the minimum qualification and the subjects psychology and journalism were excluded at the graduate level.

The petitioners, who hold degrees in psychology and journalism, are employed as teachers in private schools.

They contended that the qualification prescribed through the amendment is contrary to the qualification prescribed by the National Council for Teacher Education.

The petitioners prayed for directions to the Education department to include the subject combination English, psychology and journalism as eligibility criteria.

A division bench headed by Justice Alok Aradhe noted that qualification prescribed for appointment to the post has to be decided by an employer and the courts cannot lay down the conditions or eligibility as it falls in the domain of experts.

“The state government has prescribed the educational qualification in addition to the minimum qualification prescribed by the National Council for Teacher Education. The prescription of qualification by way of amendment cannot be said to be in violation of the qualification prescribed by National Council for Teacher Education. Therefore, the prescription of qualification for recruitment to the post of graduate primary teacher cannot be quashed,” the court said.

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(Published 02 May 2022, 17:12 IST)

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