Wednesday, March 27, 2019

HC: Fix maximum qualification for jobs

CHENNAI, MARCH 27, 2019 00:00 IST

‘Overqualification causes indiscipline’

Observing that appointment of educationally overqualified individuals was one of the reasons for the growing trend of indiscipline and insubordination in government service, the Madras High Court opined that it was essential to prescribe even the maximum qualification for every post in commensuration with the job profile, duties and responsibilities.

Justice S.M. Subramaniam said, “In the event of appointment of overqualified candidates, the purpose and object for that particular recruitment gets defeated. In the constitutional perspective, appointment of overqualified persons are to be construed as a violation of Articles 14 (right to equality) and 16 (equality in matters of public employment) of the Constitution. Equality among equals is the constitutional mandate. Unequals cannot be treated equally. Making unequal persons sit for a common examination will cause discrimination and naturally the overqualified person can easily secure more marks.”

He said it was unfair to allow those holding engineering and business administration degrees to compete with those who had just passed Class X for a constable’s job in the police force.

Neglecting duties

“After joining the public service, they are refusing/negelecting to perform certain menial jobs which are all duties and responsibilities prescribed in the service rules,” the judge lamented.

He said: “The growing indiscipline in the police force was also visible to the public. Negligence, lapses and dereliction of duty are mostly common.”

The observations were made while dismissing a writ petition filed by P. Muthu, Inspector of Police, who was declared a deserter by the Police Department. Disapproving of the attitude of the petitioner in having gone on unauthorised absence and not reporting to duty, the judge said discipline was of paramount importance in uniformed services. Justice Subramaniam also directed the Home Secretary and the Director General of Police to consider the observations made by him in the judgment on prescribing maximum educational qualifications for Grade II constables, Grade II Jail Warders, Firemen and similar posts and issue suitable orders within eight weeks.

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