File photo: Madras High Court Photograph:( Reuters )
It was found that Diploma holders were battling it out for the posts of sweepers and sanitary workers.
The Madras High Court has ruled that although there is unemployment, candidates with Higher Educational Qualification than the basic, stipulated qualification for a particular job cannot demand their right to be offered the job.
In 2013, Lakshmi Prabha had applied for the job of a train operator in Chennai Metro Rail Limited (CMRL). The basic qualification for the job was a diploma whereas this candidate had completed her BE degree. On the grounds that she was overqualified, the CMRL had rejected her application in July 2013. Lakshmi Prabha approached the Court over the issue.
The case came for hearing before Justice Vaidyanathan wherein it was ruled that despite the prevalent widespread unemployment, the petitioner claiming that her rights were infringed upon by CMRL cannot be accepted.
CMRL representatives also said that the existing employees who are overqualified could be dismissed.
In a different case, the High Court reiterated that overqualified candidates cannot be appointed to menial government jobs and directed the Tamil Nadu government to prescribe maximum qualification for Group III and IV services. The court had rejected the candidate, who was a BE Graduate, to the post of an assistant.
In February this year, a big furore was created when the list and details of those who applied for the posts of sanitary workers Tamil Nadu came out.
It was learnt that few people with professional qualifications such as M.Tech, B.Tech and MBA, were in the race to bag the work of sweepers and sanitary workers in the Tamil Nadu Assembly Secretariat. Many were graduates and post-graduates.
Diploma holders too were battling it out for the posts of sweepers (10 vacancies) and sanitary workers (4 vacancies).
Tamil Nadu Assembly Secretariat had sought applications for these jobs on September 26, 2018. The only requirement for the job was to be able-bodied and the minimum age limit of 18 years while the maximum age-limit differed.