Back
MANGESH S. PATIL, PRAFULLA S. KHUBALKAR
Shekhar, S/o. Kaduba More – Appellant
Versus
State of Maharashtra, Through its Secretary, Vocational Education & Training – Respondent
JUDGMENT :
(Mangesh S. Patil, J.)
Heard. Rule. Rule is made returnable forthwith in both the matters.
2. Learned AGP and the learned advocates for the respective respondents waive service. At the joint request of the parties, both the matters have been heard together since they are putting up a challenge to the common judgment and order of the Maharashtra Administrative Tribunal, bench at Aurangabad dated 10-05-2024 in Original Application nos. 1120 of 2023 and 145 of 2024 with Miscellaneous Application no. 87 of 2024.
3. The issue arises out of the advertisement published by the Directorate of Vocational Education and Training, dated 17-08-2022 for filling in 1457 posts of Craft Instructors in the Industrial Training Institutes (ITIs) across the state, in respect of 48 different trades.
4. While publishing the advertisement, requisite educational qualification and experience was prescribed pursuant to the The Craft Instructors, Class III in Industrial Training Institutes and Basic Training and Related Instruction Centers in the Department of Technical Education (Recruitment) Rules, 1983 (hereinafter ‘Recruitment Rules of 1983’) framed by the State of Maharashtra under Article 309 of th
Higher qualifications do not disqualify candidates from eligibility if the recruitment rules do not expressly prohibit them, and candidates are estopped from challenging criteria after participating ....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
