Service Lawyer: The Court cannot enter into technical arena and holds that the qualification of the candidate is same, as that required by employer; SC.

Supreme Court of India

Justice R. Banumathi  and  Justice A S Bopanna

The SC { Zonal Managar, Bank of India v. Aarya K. Babu & Anr.} was considering the question whether in Judicial review the Court can compare the qualification of the candidate with the eligibility prescribed in the advertisement and arrive at a conclusion that the qualification of the candidate is similar to that of the advertisement; even though the expert committee has not found it to be.

It was held by the SC that it is not for the Court to provide the equivalence relating to educational qualifications inasmuch as the said issue has been settled by the Constitution Bench of the SC. It was held that the question in regard to equivalence of educational qualification is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualification and where the decision of the government is based on the recommendation of an expert body which possesses the requisite knowledge, skills and expertise for adequately discharging such a function, the Court uninformed of relevant data and unaided by the technical insights necessary for the purpose of determining equivalence, would not lightly disturb the decision of the Government.

In the said case, the High Court had directed the private respondents to be included for the purpose of recruitment to the post of agriculture field officer by the appellant(s). In the said case, as per the Notification, the requirement was  of graduates   possessing   Degree   in   “Agro ­Forestry” whereas the respondents  had secured the four year degree in “Forestry” - the High Court held the same to be sufficient - which judgment was set aside by the SC.