Now Reading: Bombay HC: Diploma-only job rule not illegal
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Bombay HC: Diploma-only job rule not illegal
The Bombay High Court has ruled that requiring only a Diploma for the post of Junior Engineer is not illegal, even if it excludes Engineering Degree holders. A division bench of Justice G. S. Kulkarni and Justice Dr. Neela Gokhale rejected a petition against the Brihanmumbai Municipal Corporation's 2023 Recruitment Rules.
The petitioners argued that the rules violated Articles 14 and 16 of the Constitution by excluding degree holders while allowing those with both diploma and degree qualifications. The BMC submitted that diploma courses focus on practical training, while degree courses are theoretical, catering to different needs. The court held that the employer is best placed to decide the desirable qualification, and that judicial review is limited to cases of arbitrariness or violation of fundamental rights. The petition was dismissed.
Indian Opinion Analysis
The ruling upholds the BMC's discretion to set job-specific qualifications without judicial interference, provided no fundamental rights are violated. The court clarified that a higher qualification like a degree cannot be assumed equivalent to a prescribed diploma, as each serves a different purpose. This could affect recruitment for technical posts across state bodies, as employers may rely on this judgment to defend similar criteria. The next step is implementation of the 2023 Recruitment Rules by the BMC.
The court cited the Supreme Court to limit judicial review in recruitment matters. The judgment leaves degree holders without a direct challenge here, though they retain other job avenues.
Source: livelaw.in
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