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DIPANKAR DATTA, MANMOHAN
Jomon K. K. – Appellant
Versus
Shajimon P. – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE APPEAL
1. These appeals, by special leave, take exception to the common judgment and order dated 2nd December, 2019 of the High Court of Kerala at Ernakulam dismissing the appellant's writ petitions1[O.P.(KAT) No. 153 of 2019 and O.P.(KAT) No. 154 of 2019].
FACTS
2. Facts giving rise to these appeals, which are not in dispute, are these:
7. Qualifications:
(1) Literacy in Malayalam or Tamil or Kannada
(2) Possession of Current Lascar's Licence
Note :- Candidates should possess current Lascar's Licence on the last date for receipt of applications, during Practical Test and Interview also.
b. Incidentally, in terms of the Special Rules of 19754[the Special Rules] for the Kerala State Water Transport Subordinate Service (Operating Wing) 5[Subordinate Service], th
Statutory qualifications for public employment must be strictly adhered to, and higher qualifications do not confer eligibility if specific requirements are not met.
Selection – A State instrumentality seized of solemn responsibility of making selections to public services must maintain a high standard of probity and transparency and is not expected to remain neb....
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....
Point of Law : Division Bench has rightly set aside action of the FCI in rejecting case of original writ petitioner and has rightly directed the FCI to consider the case of original writ petitioner f....
Qualifications for public service recruitment must be fulfilled by the application deadline to ensure fair candidate selection.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
The court affirmed that the employer determines qualification equivalence, emphasizing judicial restraint in recruitment matters.
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