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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ., RAVINDRA KUMAR AGRAWAL
Madhukar Patel S/o Shri Khageshwar Patel – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. challenge to educational qualifications prescribed. (Para 1 , 2) |
| 2. petitioners argue for inclusion of m.tech. (Para 3 , 4 , 5) |
| 3. distinction between geology and soil & water engineering. (Para 6 , 7 , 8) |
| 4. importance of prescribed educational qualifications by the state. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. writ petition dismissed; qualifications upheld. (Para 16) |
Order on Board :
Per Ramesh Sinha, C.J.
1. The petitioners have filed the present writ petition challenging the educational qualification prescribed in schedule-III of sub-rule (ii) of rule 8 of Chhattisgarh Water Resources Engineering and Geological (Gazetted) Service Recruitment Rules, 2014 (in short ‘Rules of 2014’)and prayed the following reliefs in their writ petition:-
“I. That the Hon'ble Court may kindly be pleased to struck down and set aside the impugned "Scheduled- III to the Sub Rule (II) of the Rule 8, Educational Qualification" of the impugned Chhattisgarh Water Resources Engineering and Geological (Gazetted) Services Recruitment Rules, 2014 (Annexure P/1) for being arbitrary, illegal, ultra vires, and unconstitutional and further direct the respondent to insert M.Tech. (Soil & Water Engin
The prescribed educational qualification of a master's degree in geology for the Assistant Geo Hydrologist position is legitimate and not open to judicial interference as it falls within the state's ....
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....
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
it is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction. The relief sought....
It is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction.
Higher qualifications in the same discipline presuppose lower qualifications for eligibility, and rejection of candidates with such qualifications is arbitrary.
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....
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