The Delhi High Court recently comprising of a bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela observed that courts cannot substitute their view for the qualification requirements prescribed by an organization while advertising vacancies to a post.(MS Priyanka Agarwal v. Union Public Service Commission And Anr.)
The bench dismissing the petition remarked, "it is open to an organization while advertising its vacancies to prescribe qualifications as may be suitable, in the view of the Organization for appointment to the said post. Courts cannot substitute its view for the requirements prescribed by the organization."
Facts of the case
The Petitioner filed the present application challenging the order whereby, the Original Application (‘OA’) filed by the petitioner was dismissed by the Central Administrative Tribunal.
Petitioner had applied for consideration for a post of Medical Physicist, Safdarjung Hospital, Ministry of Health and Family Welfare The essential qualification, as prescribed by the notice published advertising the vacancies, is as under :
“ESSENTIAL QUALIFICATIONS:
EDUCATIONAL: (i)
Post Graduate degree in Physics from a recognised University plus Post M.Sc. Diploma in Radiological or Medical Physics from a recognised University and Internship of minimum twelve months in a recognised well equipped Radiation Therapy Department. OR…."
The educational qualification prescribed is Post Graduate degree in Physics plus Post M.Sc. Diploma in Radiological or Medical Physics both from a recognized University and an Internship of minimum 12 months in a recognized well equipped Radiation Therapy Department.
It was an admitted case of the petitioner that petitioner has not undergone requisite internship of minimum 12 months in a recognized well equipped Radiation Therapy Department.
Contention of the Parties
The counsel for the petitioner contended that for obtaining a Diploma, prior to 2012, there was no requirement of a one year internship and requirement has been introduced only post 2012, and since this qualification is prior to 2012, one year internship is not required.
Courts Observation and Judgment
The bench taking note of the contention of the Parties observed, "We are unable to accept this contention for the reason that the advertisement, in addition to prescribing an educational qualification of a Postgraduate degree and a Post M.Sc. Diploma also requires an internship of a minimum 12 months in a recognized well equipped Radiation Therapy Department, which admittedly the petitioner does not possess.
In that view of the matter, petitioner does not satisfy the requisite essential qualification and, as such is not qualified for the post."
The bench dismissing the petition remarked, "it is open to an organization while advertising its vacancies to prescribe qualifications as may be suitable, in the view of the Organization for appointment to the said post. Courts cannot substitute its view for the requirements prescribed by the organization.
As noticed hereinabove, since the petitioner does not satisfy the prescribed educational qualification, we find no infirmity in the order of the Tribunal rejecting the Original Application of the petitioner."
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