Khushi Doshi
Published on: March 7, 2022 at 13:10 IST
The Allahabad High Court stated that the Prescription of Eligibility and other Entitlements relates to a Field of Policy that is solely within the Discretion and Jurisdiction of the State, and that Courts cannot direct the Government to have Specific Eligibility Criteria and Methods of Recruitment.
Significantly, the Bench of Justice Manju Rani Chauhan stated that selection and appointment to any post must be made strictly in accordance with the Recruitment Rules and Terms of Advertisement.
In this case, the Petitioners challenged the UPPSC Advertisement that invited applications for sixteen Mining Officer Positions and thirty-six Mining Inspector Positions.
The Petitioners asked the Court to direct respondent authorities to consider a Postgraduate Degree in Geology for the Position of Mines Officer and a B.Sc Geology for the Position of Mines Inspector.
However, after lengthy arguments, the Petitioner’s Counsel Limited the Petition to requesting that the case be referred to the State Government for a decision in accordance with the Law.
After hearing the arguments, the Court ruled that the State Government must make a Policy Decision regarding the change in Academic Qualifications for the positions of Mining Inspector and Mining Officer, and that the Court cannot Judicially Review the Decision.
However, due to the nature of the Petition and the Facts of the Case, the Court dismissed the Petition with the Petitioners directed
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