Courts Can't Direct Govt To Have A Particular Method Of Recruitment, Eligibility Criteria For Services: Allahabad High Court

The Allahabad High Court has observed that the prescription of qualifications and other conditions of service pertains to the field of policy and is within the exclusive discretion and jurisdiction of the State and that it is not open to the Courts to direct the Government to have a particular method of recruitment or eligibility criteria.The Bench of Justice Manju Rani Chauhan further opined that the selection and appointment to any post should be made strictly in accordance with terms of the advertisement and the recruitment rules.The case in brief The Court was hearing a writ plea moved by one Alok Shukla and another challenging the advertisement of the UPPSC inviting applications for 16 posts of Mining Officer and 36 posts of Mining Inspector.It was their prayer that respondent authorities be directed to treat a Post Graduate Degree in Geology for consideration for the post of Mines Officer and further, to treat the qualification of B.Sc. in Geology as an essential qualification for consideration for the post of Mines Inspector.Essentially, as per the Uttar Pradesh Geology and Mining Service Rules, 1983, the qualification for the post of Mining Officer is a degree of Mining Engineering or Diploma in Mining Engineering with one year experience and for the post of Mining Inspector, it is a diploma in Mining Engineering.In this backdrop, it was specifically submitted by them that despite the fact that the qualification of a postgraduate degree in Geology, which is possessed by the petitioners in the present case is much higher than one required under the Service Rules of 1983 as well as the advertisement for the post of Mining Office, however, since the degree has been indirectly excluded as a qualification, the petitioners are not in a position to apply in pursuance to the impugned advertisement. A similar submission was made with regard to the posts of Mining Inspector.However, after arguing the matter at length, the counsel for the petitioners confined his prayer to the extent that the matter may be placed before the State Government so that appropriate decisions may be taken in accordance with law.Court's orderAt the outset, the Court noted that though the petitioners possess higher qualification than that as required for the aforesaid posts as per the rule, however, the Court did add that there was no clarification/notification by the State Government providing for equivalence of any other qualification for the post of Mining Officer and Mining Inspector.Further, the Court observed that a policy decision has to be taken by the State Government for changing the academic qualification for the post of Mining Officer as well as Mining Inspector, which cannot be judicially reviewed by this Court."The issue regarding the fact that post graduate degree in Geology and graduate degree in Geology may be considered as essential qualification for appointment on the post of Mining Officer and Mining Inspector respectively, can be looked into by the State Government as the same is a policy matter and the policy decisions of the State are not to be disturbed/interfered with unless they are found to be grossly arbitrary or irrational," the Court remarked.However, the Court disposed of the plea with a direction to the petitioners to make a detailed representation to the authorities."If any such representation is made, the respondent no.1 [Principal Secretary, Geology & Mining Department, Government of U.P] after obtaining expert opinion from Uttar Pradesh Public Service Commission, Prayagraj, U.P. shall make all endeavours to consider and decide the same, in accordance with law, preferably within a period of two months from the date of receipt of the said representation," the Court further added as it parted with the Order.Case title - Alok Shukla And Another v. State Of U P And 2 OthersCase Citation:2022 LiveLaw (AB) 88Click Here To Read/Download Order

Courts Can't Direct Govt To Have A Particular Method Of Recruitment, Eligibility Criteria For Services: Allahabad High Court

Sparsh Upadhyay

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Sparsh Upadhyay

Courts Can't Direct Govt To Have A Particular Method Of Recruitment, Eligibility Criteria For Services: Allahabad High Court

Sparsh Upadhyay

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Sparsh Upadhyay

This is a premium content
Available exclusively to
Our subscribers