2021 Supreme(Telangana) 335

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Satish Chandra Sharma, Abhinand Kumar Shavili, JJ.
Alishetty Shiresha Rani and ors. – Petitioners
Versus
The Telangana State Public Services Commission (TSPSC) and ors. – Respondents
Writ Appeal No.152, 652 of 2021
Decided On : 22-03-2022

Headnote:

Constitution of India,1950 - Articles 14, 16 and 309 - Post of Principal - Selection process - Acquiring qualification in the relevant field - Appellants that they are fully eligible and qualified for post of Principal and the respondents have issued inviting applications for post of Principal Residential Educational Institutions run by third respondent - Appellants have responded to the said notification and appellants have done fairly well in selection process -Grievance of appellants is that respondents have rejected the cases of the appellants ground that the appellants are not having requisite experience to hold post of Principal - Appellants are having requisite qualifications and only issue is that appellants have requisite experience as prescribed in the notification - Appellants have experience gained prior to acquiring qualification in the relevant field and accordingly the appellants are entitled for consideration of their cases for appointment to the post of Principals as they fulfilled the educational qualifications prescribed in the notification - appellants contended that a perusal of the qualifications notified in the notification would make it clear that one must have not less than eight years of teaching experience including not less than five years as PGT/Junior Lecturer in any Government/Aided/Government Recognized Residential School or Junior College and three years of administrative experience as Headmaster/Principal of Government/Aided/Government Recognized Residential School or Junior College and some of appellants have experience in the degree colleges, which is not included, though it is not included specifically in notification, higher teaching experience acquired in degree colleges has to be included and it should be deemed that the appellants do posses the requisite qualifications, as notified by the respondents and case of appellants deserves to be considered for appointment to the post of Principal - appropriate orders be passed in the Writ Appeal by directing respondents to consider case of the appellants – Held, Selection is not prescribed by the rules, and there is no other impediment in law, it is permissible for competent authority to lay down the norms for selection, such as holding tests, minimum benchmarks for written test as well as for viva voce. [Ramesh Kumar v. High Court Depending on the nature of the post, it is permissible to make selection based on performance in the interview - employer to prescribe the qualifications required to hold a post - It is equally for the employer to prescribe the procedure for selection and to recruit the eligible and suitable persons for a post. Depending on the job description, the employer may stipulate educational qualifications, age, and experience. Posts in the higher echelons, specialized posts, posts in special establishments may require specialized qualifications, experience and only by a particular category of persons depending on the requirements of a job, appropriate qualifications/eligibility criteria may be prescribed - It is prerogative of the employer. Judicial review cannot be stretched to oversee what qualifications, eligibility criteria, and mode of selection should be prescribed by the employer - There is no patent illegality in the decision of the Public Service Commission rejecting the candidature of petitioners for recruitment as Principals in the residential societies - Writ Appeals are dismissed