High Court of Delhi

Amit v. Union of India and Anr.

MANU/DE/3401/2016

20.12.2016

Service

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

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

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