Whether Higher Qualification Would Subsume Lesser Qualification To Be Decided By Employer Based On Its Assessment & Requirements: Kerala High Court
1 year, 6 months ago

Whether Higher Qualification Would Subsume Lesser Qualification To Be Decided By Employer Based On Its Assessment & Requirements: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that whether a higher qualification would subsume a lesser qualification or whether one qualification is equivalent to another are matters to be decided by the employer, based on their assessment and requirements. The Single Judge Bench of Justice N. Nagaresh observed: "Whether one qualification is equivalent to another or whether one qualification would subsume another lesser qualification are factors within the realm of academics and in the matter of recruitment to services, it is for the employers to, based on their assessment and requirements, decide such matters. The Court also added that in order to determine whether another qualification not prescribed should be sufficient for a post, the 'Triple Test' under Rule 10 of the Kerala State and Subordinate Service Rules would have to be satisfied, which is: firstly, that there should be an executive order or standing order recognizing a qualification as equivalent to a qualification specified for the post in the recruitment rules or the Public Service Commission should find such qualification acceptable as per Rule 13; secondly, that acceptance of equivalent qualification should be provided for in the Rules; and lastly, that such of those qualifications should presuppose the acquisition of the lower qualification prescribed for the post. v. Kerala Public Service Commission & Ors., wherein it has been held that higher qualifications which presuppose acquisition of the lower qualification prescribed for the post shall also be sufficient for the post.

Kerala Court Kerala High Court Held High 2Nd Post Corporation Higher Employer Equivalent Petitioners Higher Qualification One Qualification Qualification Requirements Lesser Qualification Pgdca Subsume Lesser  petitioners  2nd  kerala  court  high  decided  v  employer  pgdca  qualification  requirements  held  higher  subsume  lesser  post  equivalent

History of this topic

No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court
7 months, 2 weeks ago

No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court

Live Law  

A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in the …

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024
10 months, 1 week ago

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024

Live Law  

Nominal Index Radhika v. Unnikrishnan 2024 LiveLaw 88Deputy Commissioner, Kerala State Goods and Services Tax Department vs. National Company Law Tribunal 2024 LiveLaw 89Shinoj Singh & Ors. Case Title: Deputy Commissioner, Kerala State Goods and Services Tax Department vs. National Company Law Tribunal Citation: 2024 LiveLaw 89 While allowing a Writ Petition, the Kerala High Court bench of Justice Dinesh …

Kerala High Court Digest 2023: Labour & Service Laws
11 months, 2 weeks ago

Kerala High Court Digest 2023: Labour & Service Laws

Live Law  

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High Court Case Title: Sadanandan K.S. Such control is exclusive in nature, comprehensive in extent and effective in operation.” Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court Case Title: …

Employee Opting Promotion Under Diploma Quota Ineligible For Further Promotion Under Degree Qualification Quota: Kerala High Court
11 months, 3 weeks ago

Employee Opting Promotion Under Diploma Quota Ineligible For Further Promotion Under Degree Qualification Quota: Kerala High Court

Live Law  

The Kerala High Court has laid down that an employee who had chosen to be promoted under the Diploma qualification Quota would be ineligible for further promotion under the Degree Quota. The petitioners however disputed that they were entitled to seniority since they had been directly recruited as Assistant Engineers with Engineering Degree qualification, and added that the respondents who …

Kerala High Court Directs Commissioner Of Entrance Exams To Consider Medical Aspirant's Request For KEAM Allotment
1 year, 4 months ago

Kerala High Court Directs Commissioner Of Entrance Exams To Consider Medical Aspirant's Request For KEAM Allotment

Live Law  

The Kerala High Court recently directed the Commissioner for Entrance Examinations to consider the case of a student who had qualified the National Eligibility Cum Entrance Test -2023, but whose name was not included in the final category list of KEAM-2023 on the ground that she did not upload her NEET Scorecard.Justice P.V. The Kerala High Court recently directed the …

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]
1 year, 9 months ago

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]

Live Law  

Nominal Index Citations P.K. 2023 LiveLaw 108 Judgments/Order This Month Rent Controller Can 'Direct' Landlord To Sue For Eviction Of Tenant After Prima Facie Satisfaction On Permanent Tenancy Claim: Kerala High Court Case Title: P.K. Kerala High Court Sets Aside State Human Rights Commission's Order On Land Dispute Case Title: K. Abdul Hameed v. Kerala State Human Rights Commission & …

Court Cannot Substitute Its View For Qualification Requirements Prescribed By Organization While Advertising Vacancies: Delhi High Court
2 years, 2 months ago

Court Cannot Substitute Its View For Qualification Requirements Prescribed By Organization While Advertising Vacancies: Delhi High Court

Live Law  

The Delhi High Court has observed that courts cannot substitute their view for the qualification requirements prescribed by an organization while advertising vacancies to a post.A division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela observed:"It is open to an organization while advertising its vacancies to prescribe qualifications as may be suitable, in the view of. The Delhi …

Possession Of Higher Qualification Presupposes Acquisition Of Lower Qualification Unless Recruiter Stipulates Otherwise: Kerala HC
2 years, 2 months ago

Possession Of Higher Qualification Presupposes Acquisition Of Lower Qualification Unless Recruiter Stipulates Otherwise: Kerala HC

Live Law  

The Kerala High Court on Wednesday held that possession of higher qualifications by a candidate in a selection process presupposes the acquisition of the lower qualification for the said post. ".It is trite that a higher qualification, in order to become eligible for selection to a post for which a lower qualification has been prescribed, must presuppose the acquisition of …

Kerala High Court Weekly Round Up: February 21 To February 26, 2022
2 years, 9 months ago

Kerala High Court Weekly Round Up: February 21 To February 26, 2022

Live Law  

Nominal Index Citations: 2022 LiveLaw 92 - 2022 LiveLaw 102 Rajesh R & Ors. Admin Of WhatsApp Group Not Vicariously Liable For Objectionable Post By Group Member: Kerala High Court Case Title: Manual v. State of Kerala Citation: 2022 LiveLaw 97 In a noteworthy decision, the Court has ruled that the admin of a WhatsApp group cannot be held vicariously …

Employer Is Justified In Excluding Candidates With Higher Qualification For Recruitment To A Particular Post: J&K&L High Court
3 years, 1 month ago

Employer Is Justified In Excluding Candidates With Higher Qualification For Recruitment To A Particular Post: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that any higher qualification than the one prescribed for a particular post may not be a suitable qualification and that the employer, in its wisdom, is justified in excluding candidates with higher qualification from the ambit of selection.Importantly, the Bench of Justice Sanjay Dhar and Justice Ali Mohammad Magrey …

LL.B Admission: Kerala HC Issues Notice On Plea Seeking Relaxation Of Minimum Qualifying Marks For Persons With Disabilities
4 years, 2 months ago

LL.B Admission: Kerala HC Issues Notice On Plea Seeking Relaxation Of Minimum Qualifying Marks For Persons With Disabilities

Live Law  

The High Court of Kerala on Wednesday issued notice on a writ petition seeking relaxation of the requirement of 45% minimum qualifying marks for admission to three-year LL.B for persons with disabilities.The petition filed by Madhu. The High Court of Kerala on Wednesday issued notice on a writ petition seeking relaxation of the requirement of 45% minimum qualifying marks for …

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