Court cannot act as expert in field of education: Supreme Court
New Delhi(PTI): A court cannot act as an expert in the field of education and it should be left to the institutions to determine whether a candidate possesses requisite qualification or not, the Supreme Court has said.
A bench of Justices M R Shah and B V Nagarathna said there cannot be any deviation from the educational qualifications mentioned in an advertisement of job.
"In the field of education, the court of law cannot act as an expert normally, therefore, whether or not a student/candidate is possessing the requisite qualification should better be left to the educational institutions, more particularly, when the Expert Committee considers the matter," the bench said.
The observation came while dismissing a batch of appeals challenging the order of the Jharkhand High Court with regard to the selection process for appointment to the post of postgraduate trained teachers in the high school of Jharkhand for different subjects under different categories.
The top court said that as per the advertisement, a candidate must have postgraduate/bachelor degree in history.
"We have gone through degrees/certificates in the case of respective writ petitioners. It appears that the respective writ petitioners have obtained postgraduate degrees/bachelor degrees, as the case may be, in one of the branches of history, namely, Indian Ancient History, Indian Ancient History and Culture, Medieval/Modern History, Indian Ancient History, Culture and Archaeology.
"In our view, obtaining the degree in one of the branches of history cannot be said to be obtaining the degree in history as a whole. As a history teacher, he/she has to teach in all the subjects of history, namely, Ancient History, Indian Ancient History and Culture, Medieval/Modern History, Indian Ancient History, Culture and Archaeology etc," the bench said.
Therefore, having studied and obtaining the degree in only one branch of history cannot be said to be having a degree in history subject as a whole, which was the requirement, it said.
"In the present case, the educational qualifications required have been specifically mentioned in the advertisement. There is no ambiguity and/or confusion in the advertisement providing educational qualification and the post for which the applications were invited (History/Civics).
"There cannot be any deviation from the educational qualifications mentioned in the advertisement. Once having found that the respective writ petitioners appellants herein were not having the requisite qualification as per the advertisement, namely, the Postgraduate/Bachelor degree in History, which was the requirement as per the advertisement and thereafter their candidature was cancelled, both the learned single judge as well as the division bench of the high court have rightly refused to interfere with the same," the bench said.
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Fadnavis rides motorcycle to Vidhan Bhavan, says PM Modi asked only for 'small sacrifices'
Mumbai (PTI): Maharashtra Chief Minister Devendra Fadnavis on Thursday rode a motorcycle to the Vidhan Bhavan here and later defended the Centre's austerity measures, saying Prime Minister Narendra Modi has only "asked people to make small sacrifices".
He also criticised the Opposition for creating "unnecessary controversy" over the matter, adding that questioning the PM's foreign visits - aimed at strategic alliances and economic benefits - was "sheer foolishness".
Fadnavis arrived at the Vidhan Bhavan in South Mumbai on a motorbike from his residence 'Varsha', with BJP leader and minister Ashish Shelar accompanying him, to attend the swearing-in of new members of the legislative council.
The move comes as part of the measures after PM Modi's appeal to conserve fuel and foreign exchange in view of the ongoing conflict in West Asia, which has disrupted global energy supplies. India relies heavily on West Asia for crude oil and gas imports.
On Wednesday, CM Fadnavis announced a series of austerity measures, including halving the number of vehicles in the convoys of his cabinet colleagues, and cancelling foreign tours of ministers and officials.
Addressing reporters here on Thursday, Fadnavis said the state government had curtailed convoys, cancelled avoidable foreign tours and decided against holding large government events for the next six months.
Targeting the Opposition, the CM said similar austerity measures had been adopted by previous governments, including during the tenures of former prime ministers Indira Gandhi and P V Narasimha Rao, as well as by former finance minister P Chidambaram in 2012.
"The Opposition needs to show some maturity. Countries across the world have taken even tougher decisions. The prime minister has only asked people to make small sacrifices while himself taking very tough decisions. Creating unnecessary controversy over this is not appropriate," he said.
Fadnavis said he travelled by motorcycle to send a message on fuel conservation, adding that symbolic actions by political leaders help spread awareness among people.
"When leaders act symbolically in this manner, the message reaches the people. That is why I came here on a motorcycle," he stressed.
The chief minister said all unnecessary foreign visits by officials and ministers had been stopped, and efforts were underway to reduce fuel consumption and save foreign exchange.
"We have reduced our convoys. Wherever petrol and diesel can be saved, wherever foreign exchange can be conserved, we are making every possible effort," he said.
Fadnavis said a major government event scheduled in Satara on Friday would, however, go ahead as it was planned in advance and expenditure had already been incurred.
He said around 25 lakh families would receive benefits valued at Rs 10,000 crore under the Centre's Pradhan Mantri Awas Yojana during the programme.
"After this event, however, no large government programmes will be organised over the next six months," he added.
The CM also dismissed criticism on social media over PM Modi's foreign visits, saying overseas trips aimed at strategic alliances and economic gains for the country should not be equated with avoidable travel.
"The appeal is only against unnecessary foreign travel. It does not mean businessmen should cancel important overseas deals. Criticising the prime minister's foreign visits is sheer foolishness," he said.
