A court docket can not act as an knowledgeable within the discipline of schooling and it ought to be left to the establishments to find out whether or not a candidate possesses requisite qualification or not, the Supreme Court has stated. A bench of Justices M R Shah and B V Nagarathna stated there can’t be any deviation from the academic {qualifications} talked about in an commercial of job.
“In the field of education, the court of law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the requisite qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter,” the bench stated.
The remark got here whereas dismissing a batch of appeals difficult the order of the Jharkhand High Court with regard to the choice course of for appointment to the put up of postgraduate skilled lecturers in the highschool of Jharkhand for various topics beneath completely different classes.
The prime court docket stated that as per the commercial, a candidate will need to have postgraduate/bachelor diploma in historical past.
“We have gone by levels/certificates within the case of respective writ petitioners. It seems that the respective writ petitioners have obtained postgraduate levels/bachelor levels, because the case could also be, in one of many branches of historical past, specifically, Indian Ancient History, Indian Ancient History and Culture, Medieval/Modern History, Indian Ancient History, Culture and Archaeology.
“In our view, obtaining the degree in one of the branches of history cannot be said to be obtaining the degree in history as a whole. As a history teacher, he/she has to teach in all the subjects of history, namely, Ancient History, Indian Ancient History and Culture, Medieval/Modern History, Indian Ancient History, Culture and Archaeology etc,” the bench stated.
Therefore, having studied and acquiring the diploma in just one department of historical past can’t be stated to be having a level in historical past topic as an entire, which was th requirement, it stated.
“In the current case, the academic {qualifications} required have been particularly talked about within the commercial. There isn’t any ambiguity and/or confusion within the commercial offering academic qualification and the put up for which the functions had been invited (History/Civics).
“There cannot be any deviation from the educational qualifications mentioned in the advertisement. Once having found that the respective writ petitioners appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was cancelled, both the learned single judge as well as the division bench of the high court have rightly refused to interfere with the same,” the bench stated.
Source: www.financialexpress.com”