Contractual stint can’t be used to bypass eligibility, regular selection process: HC

Srinagar, Dec 3: The High Court of J&K and Ladakh has ruled that an ineligible candidate holding a post on a contractual basis for some time cannot claim waiver of qualification for the post, as eligibility and the exemption from the selection process.

“An ineligible candidate cannot, by holding a post on a contractual basis for some time, claim waiver of eligibility qualification and dispensation of regular selection process to be conducted in consonance with Article 14 of the Constitution of India,” a division bench of Justice Sanjeev Kumar and Justice Sanjay Dhar said.

The bench said this while dismissing an appeal whereby a candidate had questioned the decision by a single judge bench that had concluded that the candidate did not possess the requisite qualification of Diploma in Nursing for the Female Nurse post for which a recruitment process was conducted by Sher-e-Kashmir University of Agricultural Sciences and Technology, Kashmir (SKUAST-K) pursuant to an advertisement in 2015.

The candidate had applied for the post on the basis of a certificate claiming that an FMPHW Diploma was equivalent to a Nursing Diploma.

The court declined to accept the plea that the ‘FMPHW certificate’ should be considered equivalent to ‘Diploma in Nursing’ for the simple reason that the qualification prescribed for the post of Female Nurse is Diploma in Nursing only and not any other qualification equivalent thereto.

In the absence of any such stipulation in the qualification, the reliance placed by the candidate on the so-called equivalent qualification was totally uncalled for and not permissible under law, the court said.

In response to the prayer that, since there were so many posts of Female Nurses available with the University (SKUAST-K) and as such the appellant could be directed to be appointed against one such post keeping in view her long working experience in the field, the court said the same also could not be accepted.

“Accepting such a prayer and issuing a direction to the university to appoint the candidate as a Female Nurse against any available vacancy despite the fact that she does not possess the requisite qualification, would tantamount to appointing an ineligible candidate,” it said.

The court said that otherwise, also, such a course would be in violation of Article 14 of the Constitution of India.

The post or posts of Female Nurse, if any, available with the SKUAST-K for direct recruitment are required to be put to advertisement so as to enable all eligible candidates to apply, participate, and compete in the selection process, the court said.