Employer, not court, to decide qualification for appointment: Karnataka HC

The Karnataka State Public Service Commission issued the notification on June 24, 2020 inviting applications for the post of assistant director of town and country planning.
Karnataka High Court
Karnataka High Court

BENGALURU: Noting that the qualification prescribed for appointment to a post has to be decided by the employer, the Karnataka High Court on Friday said that the courts cannot lay down the conditions or eligibility, much less delve into the issue of desirable education by rewriting prescribed qualification.

A division bench of Justices Alok Aradhe and S Vishwajith Shetty made the observation while dismissing a petition filed by Harsha M Nadagoudar, a resident of Bengaluru, questioning the order dated July 3, 2021 passed by the Karnataka State Administrative Tribunal which dismissed his application.

Before the Tribunal, Nadagoudar had questioned the validity of Karnataka Town Planning Department Services (Recruitment) Rules, 1996 on the ground that it is ultra vires the Constitution as it does not include the bachelor’s degree in planning as one of the qualifications along with the degree in civil engineering and degree in architecture.

The Karnataka State Public Service Commission issued the notification on June 24, 2020 inviting applications for the post of assistant director of town and country planning. The qualification prescribed was a degree in civil engineering or architecture from a recognised university.

The petitioner had challenged this notification before the Tribunal, which dismissed the application preferred by him on the ground that he does not have the requisite qualification.

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