Employers have the right to set criteria for recruitment: Gauhati High Court

STAFF REPORTER

GUWAHATI: The Gauhati High Court has cited previous judgments of the Kerala High Courts and the Supreme Court and observed that the essential qualifications for appointment to a post are for the employer to decide.

"The employer may prescribe additional or desirable qualifications, including any grant of preference. It is the employer who is best suited to decide the requirements a candidate must possess according to the needs of the employer and the nature of work", the court mentioned while dismissing a Writ Petition filed by one Arif Ahmed to challenge the legality of an advertisement issued by the Indian Oil Corporation Limited (IOCL) for filling up of nine posts of Senior Law Officer.

The impugned advertisement stipulated, among other things, that a candidate must submit Admit Card Number of Common Law Admission Test (CLAT) 2022, Application Number of CLAT 2022 and score obtained in CLAT 2022. The advertisement further stated that the portal will allow the candidates to proceed further only when the entries made match with the CLAT 2022 database.

The petitioner's counsel submitted that the advertisement has restricted the number of candidates who can appear in the selection process, which is in violation of the equality of opportunity clause, as provided in Articles 14 and 16 of the Constitution of India. He further submitted that only a miniscule proportion of candidates who have connections with elite law institutions are eligible to apply, thereby depriving the petitioner, who is less fortunate.

The High Court observed in this regard: "The question that would have to be decided is whether the essential qualifications for appointment to a post is the prerogative of an employer to decide and whether this Court, under the garb of judicial review, can delve into the issue with regard to the employer's right to lay down essential qualifications and eligibility criteria for appointment to a post."

The High Court observed that on considering previous judgments of the Supreme Court and the Kerala High Court, it is of the view that there is no discrimination or arbitrariness in the IOCL prescribing the essential qualifications required of a candidate for the post of Law Officer.

"The respondents (IOCL), as an employer, would know best the type of candidate they require. Further, this Court does not find the action of the respondents to be arbitrary by not opening the field for all persons who have passed LLB or gone through CLAT in times gone by. In view of the reasons stated above, this Court does not find any ground to allow the writ petition and the same is dismissed," the court stated.

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