LAWS(P&H)-2015-1-142

SUKHWINDER SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On January 19, 2015
SUKHWINDER SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THE petitioner's grievance is that he was not considered for the post of JBT Teacher for which he aspired pursuant to an advertisement Annexure P -5 which warranted the following eligibility criteria: -

(2.) THE respondents contend that the provisions of the note would come into play only if candidates with requisite qualifications were not available. Since they were available, there was no question of considering any other candidate with a qualification of B.A., B.Sc. or B.Ed. Besides it is contended that the petitioner cannot press for such a claim in the absence of any specific provision in the advertisement itself. On due consideration of the matter, I find that the instant writ petition is totally misconceived. It is for the employer to prescribe academic qualifications which are commensurate with the job and its requirement. Simply because a person possesses different qualification which may be perceptibly higher than the one prescribed would not give any cause to any person to press for a right of consideration leave alone a preferential right. This being the settled position in law, I am of the considered view that no interference is warranted.