No overqualified candidates at entry level: HC
Holding that appointing over qualified candidates at entry cadres was contributing to the growing indiscipline and insubordination, the Madras High Court has directed the Home Secretary and DGP to consider the issue in detail for prescription maximum educational qualification within eight weeks.
By : migrator
Update: 2019-03-26 22:46 GMT
Chennai
Passing orders on a plea moved by an inspector challenging his treatment as deserter due to 21 days’ absence, Justice S M Subramaniam said providing appointment to over qualified persons would usurp the rights of the persons who were qualified in accordance with the recruitment notification.
Attributing the growing indiscipline within the police force to this, the judge said in Police department, those with degrees like BE, MBA, etc. are allowed to participate in the written examinations along with those with SSLC or higher secondary. "This would squarely fall within the concept of unequal being treated equally”.
Observing that this causes infringement of rights of candidates qualified in commensuration with the qualifications prescribed, he said, “Hence, the appointment of over qualified persons for the post of Grade-II constables is in clear violation of Article 14 of the Constitution.”
He also noted that if steps were not taken to amend the qualification prescribed for Group-III and Group IV posts, then undoubtedly the efficiency in public administration would not only be paralysed but even face disastrous consequences.
The judge pointed out to the HC itself facing such issues where postgraduates being appointed as sweeper and office assistants refusing or neglect certain jobs despite then being part of the duties and responsibilities prescribed in the service rules.
The court rejected the plea moved by the inspector after recording the government’s submission that the official had remained absent without authorisation to circumvent a transfer.
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