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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Sajid Khan – Appellant
Versus
L. Rahmathullah – Respondent
| Table of Content |
|---|
| 1. appellants' qualifications (Para 3) |
| 2. respondents' challenge (Para 4) |
| 3. cat's decision (Para 5) |
| 4. high court's ruling (Para 6) |
| 5. court's decision (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. We are yet again seized with the common question in recruitment jurisprudence, whether the appellants' qualifications for the post in question meet the standard prescribed in the recruitment notification. This issue is not novel, and this Court has established clear guidelines for judicial review and restraint in determining equivalency. Following these principles, having carefully examined the decision of the employer (U.T. of Lakshadweep) to recognize the appellants' qualifications as equivalent, we found it to be both justifiable and reasonable. Having considered the governing recruitment rules, submissions of the learned counsel and relevant precedents, we allow the appeal. Consequently, we set aside the High Court's decision, which had held that the appellants lacked equivalent qualifications and resulted in the termination of their appointments.
2. Facts: The brief facts leading to
The court affirmed that the employer determines qualification equivalence, emphasizing judicial restraint in recruitment matters.
The court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.
Appointment on Post of Junior Engineer (Electrical) – Minimum qualification for the post cannot be deemed to be only matriculation but rather that only such of those matriculates, or 10+2 pass studen....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
There is no equivalent Rule akin to Rule 10(a)(ii). A perusal of the said Rule 10(a)(ii) clearly presupposes and provides that the acquisition of a higher qualification would presuppose the acquisiti....
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