Jharkhand High Court: A Single Judge Bench comprising Sujit Narayan Prasad, J. dismissed a petition as it was out of their domain under Article 226 of the Constitution of India.
This writ petition has been filed for issuance of direction upon the respondent to consider the appointment of the petitioner for the post of Lady Supervisor as she was having Graduation Degree in B.Sc. (Basic) in Nursing with Psychology, Sociology, and Child Health Nursing. The petitioner through his counsel Prem Pujari Roy has contended that she was not chosen despite having the requisite qualifications. It has been contended by the respondents that B.Sc. in Nursing has not been treated to be equivalent to the subject mentioned as per the eligibility criteria and therefore the candidature of the petitioners has been rejected. Here reference was made to the case Bihar Public Service Commission v. Kamini, 2007(5) SCC 519 wherein it was stated that in the field of education, a court of law cannot act as an expert. Therefore, whether or not a petitioner possesses requisite qualifications should better be judged by the respondent particularly when supported by an Expert Committee according to which a person can only be said to be Honors in the subject if at the graduate level she studied such subject as the principal subject and not a subsidiary one.
Thus the present petition was not under the domain of the High Court under Article 226 of the Constitution of India and accordingly, this writ petition is dismissed. [Alka Priya v. State of Jharkhand, 2018 SCC OnLine Jhar 1750, decided on 13-12-2018]
