Can a job seeker be turned down for a job opportunity because his qualification was more than the one mentioned in the job description?
Anecdotes of candidates going around offices with perfectly curated CVs only to walk out with dejection are innumerable but not getting that job, a candidate thought he would easily get sometimes is not because of a lack of competency or employability. Many times, a candidate's own merit comes in the way meaning that when it comes to applying for a job when the candidate is overqualified for it, It is not a good virtue to have. In such situations, a potential candidate is seen as a misfit for the job. The recruiter might feel that the candidate does not know his strengths and weaknesses and is not aware of avenues where he can apply his capability and potential to the fullest.
Case in point, an M. Tech degree holder is deemed overqualified for a junior assistant’s position in the Telangana Panchayat Department. In case of government vacancies like this, the eligible criteria is mentioned in the notification seeking to fill up the vacancy. If the department is of the view that the candidate’s qualifications exceed the eligibility criteria, the candidate’s profile can be rejected.
One similar case where the disgruntled candidate has taken a legal route and approached the Telangana High Court has piqued the interest of job seekers. In this on going case, a woman candidate has applied for the post of an office subordinate attendant in a district court. As per the woman candidate’s plea, she was not called up for the job interview because the job required only a metric pass-out student and the woman in question had already appeared for her intermediate examination and failed.
During the hearing, the petitioner’s counsel argued that she had only appeared for the higher board exams but she did not clear it.
Swaroop Oorilla, standing counsel for the HC, expressed his apprehensions for candidates with higher qualifications. He was of the view that the bosses would find it difficult to get the work done from them.
While the bench is still contemplating whether it is fair to reject an overqualified person, the High Court’s decision in the case can set a precedent for job seekers who are finding it tough to find the right job according to their skill set in times of recession or job freezes.
Will the court weigh it from the lens of the fundamental right to livelihood or will the court trust the wisdom of subordinate legislation in such cases, time will tell.