P.U. Joshi & Ors., Union Of India & Ors vs The Accountant General, Ahmedabad, & ... on 19 December, 2002
4. Learned counsel for applicants submits that the
qualification cannot be insisted, particularly when there
are no qualified candidates for the said posts and the
posts have been remaining vacant for the past several
years. We find that the qualification prescribed is in
compliance with Right of Children to Free and
Compulsory Education Act, 2009 and hence, the same
cannot be exempted/relaxed. Further, Article 309 of the
Constitution of India gives the power exclusively to the
State to prescribe qualifications for posts as held by the
Hon'ble Supreme Court in the case of P.U.Joshi vs.
Accountant General (2003)2 SCC 632, the relevant
portion of the same reads as under: