Published: 18th April 2022
SC rejects appeals challenging selection process for appointment to PG trained teachers post, says court can't act as edu expert
The Supreme Court also mentioned that there cannot be any deviations from the educational qualifications as mentioned in the advertisement for the job
The Supreme Court dismissed a batch of appeals that challenged the order of the Jharkhand High Court, with regard to the selection process for appointment to the post of postgraduate trained teachers for different subjects under different categories in the high school of Jharkhand, on April 17, Sunday.
It also stated that a court cannot act as an expert in the field of education. To determine whether a candidate possesses requisite qualifications or not should be left in the hands of the institutions, it said as per a report in PTI.
A bench of Justices MR Shah and BV Nagarathna stated that there cannot be any deviations from the educational qualifications as mentioned in a job advertisement.
"In the field of education, the court of law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the required qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter," the bench said.
The apex court stated that a candidate must have a minimum qualification of a bachelor/postgraduate degree in History, as per the advertisement.
"We have gone through degrees/certificates in the case of respective writ petitioners. It appears that the respective writ petitioners have obtained postgraduate degrees/bachelor degrees, as the case may be, in one of the branches of history, namely, Indian Ancient History, Indian Ancient History and Culture, Medieval/Modern History, Indian Ancient History, Culture and Archaeology," it said.
"In our view, obtaining the degree in one of the branches of history cannot be said to be obtaining the degree in history as a whole. As a history teacher, he/she has to teach in all the subjects of history, namely, Ancient History, Indian Ancient History and Culture, Medieval/Modern History, Indian Ancient History, Culture and Archaeology etc," the bench said.
It stated that, as per the requirement, having studied and obtained the degree in only one branch of History cannot be considered to be having a degree in History subject as a whole.
"In the present case, the educational qualifications required have been specifically mentioned in the advertisement. There is no ambiguity and/or confusion in the advertisement providing educational qualification and the post for which the applications were invited (History/Civics)," it said.
"There cannot be any deviation from the educational qualifications mentioned in the advertisement.Once having found that the respective writ petitioners — appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was cancelled, both the learned single judge, as well as the division bench of the high court, have rightly refused to interfere with the same," the bench said.