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The recent judgment by Hon’ble Justice Arun Mishra and Navin Sinha, is both interesting and emphasizes the fact that the power of judicial review is not absolute, there can be exceptions to it.
This case was first heard before the Hon’ble Bombay High Court, but the order was set aside by the Supreme Court. The Supreme Court stated that the qualifications for the employment to a post should be on the decision of the employer. It is the employer who is best suited to decide the requirements for a particular job and the, the qualifications needed in a job and also the nature of the job.
This came up when an advertisement by the Maharashtra Public Service Commission stated that candidates having the requisite years of experience in research and development of drugs and testing were eligible to apply and eligible to be appointed to the post of the Assistant Commissioner (Drugs) and Drug Inspectors. The Court had held that the it cannot lay down the conditions for eligibility. However, if there lies any confusion in the language of the advertisement or it is against the law, it shall go back to the appointing authority.
Additionally the Court also held that the interpretation of the terms of the advertisement with regard to the posts of Assistant Commissioner (Drugs) and Drug Inspectors made by the Bombay High Court cannot be upheld.
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