Case Note & Summary
The appellants, twelve women working as temporary Anganwadi workers/helpers in Puducherry, filed a writ appeal against the order of a learned Single Judge dismissing their challenge to a recruitment notification dated 26.05.2021. The notification invited applications for Anganwadi worker and helper posts on an urgent basis for three months on honorarium. The appellants contended that the notification prescribed higher qualifications, rendering them ineligible to participate. The Single Judge directed the respondents not to disengage the appellants till the completion of the extension period already granted and granted liberty to the appellants to participate if eligible. The Division Bench upheld this order, holding that prescription of qualifications is the employer's prerogative and a policy decision not open to challenge unless violative of statutes or rules. The appeal was dismissed with no costs.
Headnote
A) Service Law - Recruitment - Educational Qualifications - Prescription of qualifications is employer's prerogative - The court held that prescription of educational qualifications, age limit and other criteria are the prerogative of the employer and a policy decision of the government, which cannot be challenged by candidates unless directly in violation of statutes or rules in force (Paras 4-5).
Issue of Consideration
Whether the prescription of higher educational qualifications in a recruitment notification for Anganwadi workers/helpers can be challenged by existing temporary workers who do not meet the qualifications.
Final Decision
Writ appeal dismissed. No costs. Connected miscellaneous petition closed.
Law Points
- Prescription of educational qualifications is employer's prerogative
- Policy decision cannot be challenged unless in violation of statutes or rules
