Employer free to reject overqualified aspirant: SC

  • The Supreme Court on Friday held that a prospective employer has the right not to appoint a candidate who might have a higher qualification, but not the one required for a particular job vacancy.

  • The Bench ruled by Justice Ashok Bhushan said that the courts have limited judicial review over such decisions by employers. The real discretion rests with the employers.

  • The court said that courts allow a greater latitude for employers to prescribe the required qualifications for a particular post. However, in doing so the employer cannot act arbitrarily.

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