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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Shivam Sonwani S/o G.K. Sonwani – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks redress for disqualification (Para 1 , 2) |
| 2. petitioner's qualifications and claims of injustice (Para 3 , 4 , 5) |
| 3. respondents uphold the strict qualifications in the advertisement (Para 6 , 20) |
| 4. equivalence and qualification criteria established by authority (Para 12 , 14 , 18) |
| 5. role of judicial review in qualification disputes (Para 17 , 19) |
| 6. prerogative of appointing authority on qualification decision (Para 21 , 22) |
| 7. conclusion dismissing the petition as meritless (Para 23 , 24) |
ORDER :
1. Petitioner has filed this petition seeking following relief:-
“10.1. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the arbitrary and illegal action of the Respondents in disqualifying the petitioner from the post of Clinical Psychologist & for the post of Counsellor Psychiatry pursuant to Advertisement No. 02/2025 dated 22.04.2025.
10.2. Issue a writ of Mandamus directing the Respondent authorities to reconsider the candidature of the Petitioner strictly in accordance with the eligibility criteria prescribed in Advertisement No.02/2025 without applying any unwritten or extraneous consideration.
10.3.
The court affirmed that establishing equivalence of educational qualifications is the prerogative of the recruiting authority and must strictly adhere to specified criteria for eligibility.
The court upheld the rejection of the petitioner's candidature as her MA (P.Ed) was not equivalent to the required M.P.Ed, confirming the necessity of adhering to specified qualifications in recruitm....
a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribe....
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....
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....
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 central legal point established in the judgment is the determination of equivalence in academic qualifications and the Court's authority to direct the constitution of an expert committee to exami....
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