P&H HC | Courts not to interfere in decision taken by Recruitment board when qualification clearly prescribed in advertisement

Punjab and Haryana High Court: Ranjan Gupta, J. dismissed the writ petition on the ground that petitioners do not possess the requisite qualification as prescribed by the Recruitment Board.  

The facts of the case were that the respondent-department issued an advertisement for recruitment of Intelligence Assistant in the rank of constable in the Intelligence Wing of Punjab Police. Prescribed physical standards and the selection process was thereafter issued. A petitioner, being eligible for the post was called for the physical test and admit card was also issued. Thereafter, the petitioner received the information that his candidature was not accepted as he was found not eligible. Thereafter he appeared before the Recruitment board in order to represent but no action had been taken thereon. Thus, this petition. 

H.S. Saini, Counsel for the state submits that the petitioner does not possess the necessary qualification as per the advertisement and thus prayed for the dismissal of the present petition. 

The court observed that  a candidate should be a graduate from a recognized University or Institution and should also possess an ‘O’ Level Certificate of Information Technology from Department of Electronics Accreditation of Computer Course (DOEACC) or National Institute of Electronics and Information Technology (NIELIT) or its equivalent institution recognized by Government of India or any State Government. The selection board found that qualification possessed by the petitioner was not equivalent to that prescribed in the advertisement. The court thus held that “the emphasis in the advertisement is on “equivalent institution” recognized by Government of India or any State Government. None of the petitioners claim to have a qualification from such “equivalent institution”. Thus the petition was dismissed. [R.K. Harshvir Singh v. State of Punjab, 2019 SCC OnLine P&H 791, decided on 06-06-2019]

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