A three-judge bench comprising of Justice B K Narayana, Justice Ramesh Sinha and Justice Pankaj Bhatia were of the view that the State Government has the power to prescribe the requisite qualification required for an advertised post and it cannot be a matter for judicial review.
In the present case, the state government while issuing the advertisement for the post of junior engineer had invited applications from only those holding a diploma in engineering.
Thus, candidates with an engineering degree were not eligible to participate in the recruitment process.
“Engineering degree holders are ineligible to participate in the selection process of junior engineers in the light of the advertisement issued,” the court said.
The above judgment was passed by the court while hearing a bunch of petitions filed by candidates having a degree in engineering who were not allowed to participate in the selection.
The leading case was of Deepak Singh and nine others who had approached the court arguing that they had a degree in engineering and were more qualified than those with a diploma.
