Courts can’t examine eligibility in recruitments: LHC

LAHORE: The Lahore High Court held that interference by courts in setting eligibility criteria of a certain post in the public sector amount to judicial overreach and is unwarranted by the law.

The court set aside the decision of a single bench and observed that the respondent/ candidate Syed Danish Hussain Shah failed to convince that Rule 1042(C) of the Pakistan Prison Rules, 1978, is violative to the constitution. The court observed any deviation from the criteria would allow entry to ineligible persons and deprive many eligible candidates.

The court said the employing institution must be allowed to fill the vacancies according to the criteria as it is the prerogative of the concerned authorities to set the criteria for any post.

The court held that it is not for the courts to examine the qualification and eligibility in a recruitment process as these matters can be best resolved by institution itself according to the suitability and requirements of a certain post. The court said there is no cavil or cudgel that the right of profession is treated as a fundamental right but it is subject to such qualification as settled by the law and every citizen has to follow the commandments of the law in this regard.

The respondent Syed Danish said he appeared in competitive exam for the post of Assistant Superintendent Jail and stood at 13th position among successful candidates but he was denied appointment on the ground that his eyesight was not as per eligibility criteria for the post.

He challenged the validity of the said orders before the LHC with Rule 1042(C) of Pakistan Prisons Rules, 1978, as violative to the constitution. A single bench of the LHC allowed his petition and hence government approached the court against the said decision.

The court allowed the petition of the Punjab government and observed that the prescribed vision 6x6 without glasses is an essential requirement for the post which cannot be dispensed with.

Copyright Business Recorder, 2023