Supreme Court: Court cannot act as expert in education, says Supreme Court

A court cannot act as an expert in the field of education and it should be up to the institutions to determine whether or not a candidate has the required qualification, the Supreme Court said. A college of judges MR Shah and BV Nagarathna said there could be no deviation from the degrees mentioned in a job advertisement.

“In the field of education, the court cannot normally act as an expert, therefore, it is best left to the educational institutions whether or not a student/candidate has the required qualification, more particularly when the committee of experts examines the matter,” the bench said.

The sighting came during the dismissal of a batch of appeals challenging the order of the High Court of Jharkhand regarding the selection process for the appointment of postgraduate trained teachers in Jharkhand High School for different subjects in different categories.

The higher court said that according to the announcement, a candidate must hold a postgraduate/bachelor’s degree in history.

“We have obtained degrees/certificates in the case of the respective applicants. It seems that the respective applicants have obtained postgraduate degrees/bachelor’s degrees, as the case may be, in one of the branches of history, namely the ancient history of India. , Indian ancient history and culture, Medieval / modern history, Indian ancient history, Culture and archaeology.

“In our opinion, graduation in one of the branches of history cannot be considered as graduation in history as a whole. As a history teacher, he/she must teach in all subjects of History i.e. Ancient History, History, Ancient Indian History and Culture, Medieval/Modern History, Ancient Indian History, Culture and Archaeology, etc,” the bench said.

Therefore, having studied and obtained the degree in only one branch of history cannot be considered as having a degree in history as a whole, which was the requirement, he said.

“In this case, the qualifications required were specifically mentioned in the advertisement. There is no ambiguity and/or confusion between the advertisement mentioning the qualification and the position for which applications were solicited ( History/Civic).

“There can be no deviation from the qualifications mentioned in the advertisement. Having found that the respective applicants – appellants here did not have the required qualification as per the advertisement i.e. Postgraduate Diploma/Bachelor in history, which was the requirement according to the announcement and subsequently their candidacy was quashed, the learned single judge as well as the divisional bench of the High Court rightly refused to interfere with the same,” said said the bench.

Denise W. Whigham