Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE, JJ
Vishal Kumar – Appellant
Versus
Union Bank Of India – Respondent
JUDGMENT :-
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forth with and heard finally by the consent of the parties.
2. The issue raised in this Petition is as regards the Educational Qualifications of the Petitioner, as on 02.12.2016, in relation to the post of Marketing Officer (Scale-I). The educational qualification required for the said post is prescribed in the advertisement, as under :-
“Graduate and full-time MMS (Marketing)/MBA (Marketing)/full-time two years PGDBA/PGDBM/PGPM/PGDM with specialization in marketing.”
3. The basis of the rejection of the Petitioner’s selection, as well as, the cancellation of his appointment letter dated 27th April, 2017, by the impugned cancellation letter dated 12th December, 2017, is solely on the ground that the Petitioner’s MBA Degree has been acquired through Distance Education from Sikkim Manipal University, Gangtok.
4. The facts of the Petitioner’s case can be summarized as under :-
(a) The Petitioner was an Airman in the Indian Air Force, since 2006.
(b) He pursued his MBA Degree education from Sikkim Manipal University, Gangtok via Distance Education mode (2010-2012).
(c) He received the MBA Degree Certificate from the University on 1
The UGC determines the equivalence of degrees, and the absence of 'full-time' in the job advertisement indicates the Bank's intention not to restrict eligibility to full-time MBA holders.
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....
Education obtained through distance learning must be equitably valued in promotion policies unless explicitly stated otherwise in official documents.
The court emphasized that the equivalence of qualifications is in the exclusive domain of the recruiting authority and cannot be determined through judicial review.
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
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....
Employment and Service matter - Post of contractual Hindi Teacher - Petitioner has got the basic qualification and training qualification along with B.Ed. from Jammu University, his application shoul....
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
