Constitutional law - Litigating Hand

Ch. Papanna vs. The Personnel Manager, State Bank [1995 (2) ALT 358]: Andhra High Court

Over-qualification is not prescribed as a bar for consideration of appointment

17. Thus, it is manifest from the above decisions that where over-qualification is not prescribed as a bar for consideration of appointment and if the candidature is rejected on the ground of possessing over-qualification, the same amounts to arbitrariness and therefore illegal discrimination and violative of Articles 14 and 16. Where the management or the employer prescribes minimum qualification as a requirement and in addition to that it prescribes that over-qualification is a bar, in such a case, the rejection of the candidature on the ground of over-qualification cannot be said to be arbitrary or violative of Articles 14 and 16 of the Constitution because the management or the employer has got every right to prescribe qualifications keeping its peculiar needs in view.

 

18. In view of the above principles, we hold that prescription of over-qualification as a bar for recruitment to the post cannot be said to be arbitrary and violative of Articles 14 and 16 of the Constitution.