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Service Lawyer: The High Court cannot direct the employer to lower the minimum eligibility requirement in case of unfilled vacancies; SC.

Supreme Court of India

Justice AS Bopanna and Justice R Banumathi

The SC was considering the challenge to the judgement of the Division Bench of the High Court of Delhi, by which, it had set aside the judgement of the single judge - dismissing the writ petition of the respondents - seeking their appointment as teacher with the appellant.

It was held by the SC that the Division Bench has exceeded the jurisdiction, while exercising the power of Judicial review, inasmuch as the position of law is well settled that the recruiting agency cannot be compelled to fill up all available post - even if the persons of the desire merit are not available.

While setting aside the judgement of the Division Bench, it was held that when the appellant and DSSB are concerned with the quality of teachers to be recruited and had fixed a merit bar to indicate that the persons obtaining the percentage of marks above such bar only would be selected, the HC has no jurisdiction to direct them to lower the bar. Held that the employer cannot be forced to lower the bar and recruit teachers below that by the High Court.

In the present case before the SC {Municipal Corporation of Delhi Vs Surender Singh and others}, the Division Bench of HC had directed the appellant to appoint the respondents as there were 63 vacancies which were unfilled, therefore, the appellant was directed to go down to the merit list and to appoint the respondents to fill up the vacancies. The said approach was deprecated by the Supreme Court; resulting in setting aside of the judgement of the Division Bench of the High Court of Delhi.


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