Shivani Thakur
Published on: April 28, 2022 at 20:24 IST
The Karnataka High Court has dismissed a Petition filed questioning Government notification by which it amended the Karnataka Education Department Service Rules, 1967 and did not include subjects like psychology and journalism at undergraduate level as minimum qualification for recruitment to the Post of Graduate primary teacher.
“It is settled in Law that qualification prescribed for appointment to the post has to be decided by an employer. The Courts cannot lay down the conditions or eligibility. The question of prescription of qualification is outside the domain of Judicial Review unless it is affected by manifest arbitrariness,” the Court said.
The Petitioner approached the Court seeking to Quash the Amendment of the schedule of Karnataka Education Department Services Rules, 1967 and also the schedule imposing minimum qualification for the post of graduate primary teacher, excluding the subjects Psychology and Journalism.
The Bench further notice that, “The prescription of qualification is a matter which is to be decided by experts. The provision could not be demonstrated to be suffering from manifest Arbitrariness. The Government of Karnataka has prescribed the educational qualification in addition to the minimum qualification prescribed by the National Council for Teacher Education.”
It also added that:
“The prescription of qualification by way of amendment cannot be said to be in violation of the qualification prescribed by National Council for Teacher Education. Therefore, the prescription of qualification for recruitment to the post of Graduate Primary Teacher cannot be Quashed.”
The Court then held, “This Court cannot issue a Writ of Mandamus directing prescription of a particular qualification. For the aforementioned reasons, we do not find any merit in the Writ Petition. The same fails and is hereby dismissed.”
