Courts are not experts on educational degrees, says Karnataka High Court
By LE Desk
Bengaluru, April 10: The courts are not expert bodies to give a finding on whether a bachelor’s degree in engineering has to be treated equivalent to a bachelor’s degree in science. It is for expert bodies like the University Grants Commission to arrive at such a finding, said the Karnataka High Court.
A division bench comprising Justice Satish Chandra Sharma and Justice S. Vishwajith Shetty made these observations while allowing an appeal filed by the Bangalore Water Supply and Sewerage Board (BWSSB) challenging a September 2020 verdict of a single judge bench, The Hindu reported.
The single bench had directed the BWSSB to consider the applications filed by the petitioner – Ambarish Kumar S. – and other candidates possessing BE degree for the posts of Assistants/Clerks. The single bench had said that BE is ‘equivalent to a degree in science’ when the qualification prescribed for the posts was ‘a decree in Arts/Commerce/Science from a recognised university along with a one-year course in computer basics’.
However, the division bench, citing judgments of the apex court, said that the employer is entitled to prescribe the qualifications as a condition of eligibility, and there is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications.
The equivalence of a qualification and whether a particular qualification should or should not be regarded as equivalent is not a matter which can be determined in exercise of the power of judicial review but is a matter for the State as the recruiting authority, the division bench said while setting aside the single judge bench’s order.
Sign up for our weekly newsletter to stay up to date on our product, events featured blog, special offer and all of the exciting things that take place here at Legitquest.
Add a Comment