‘Higher qualification can’t be ground to reject candidature’

Extending the last date for submission of applications to April 4, a division bench comprising Justice S Manikumar and Justice Subramonium Prasad set aside government submission that no degree holder has been appointed to the post so far. Moreover, the government had contended, degree holders have more avenues for employment in government and private where degree is prescribed as the qualification.

“Contention that degree holders have more avenue of employment in government and private sector and that they would get employment in other posts is not tenable ground to disentitle the degree holders to apply for the post of pharmacist when they possess higher qualification,” the bench held, adding that possession of a higher qualification cannot be a ground to reject their candidature.

Petitioner’s counsel T Mohan had submitted that as per the procedure for selection, degree in pharmacy was only a minimum educational qualification. Therefore, the notification issued on March 1 was erroneous and not in consonance with the Government Order issued by the Health and Family Welfare Department on December 16, 2014.

He further submitted that the portal opened by MSRB accepted only diploma and not degree in Pharmacy.

“Difficulties experienced by the government cannot be put against the degree holders who are otherwise eligible to post of pharmacist. Other degree holders who are similarly placed as that of the petitioner also have to be considered for selection in the basis of inter-se merit,” held the bench, posting the plea to April 8 for further hearing.