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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Naveen Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. - The challenge in this writ petition is to an order dated April 25, 2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the `Tribunal') whereby Original Application No.1292/2019 (hereinafter referred to as `O.A.') preferred on behalf of the petitioner to declare him eligible for appointment to the post of TGT (Hindi) in terms of Recruitment Rules, was dismissed.
2. It is pertinent to notice at this stage itself that vide order dated May 09, 2019, directions were issued by this Court permitting the petitioner to approach the Tribunal with a review petition and further directing the Tribunal to deal with the same on merits. The present petition was kept pending, and in the meantime, result for the post of TGT (Hindi) under the category "unreserved" was directed to be subject to the orders in the present petition. Order dated May 09, 2019 passed in present writ petition may be reproduced for reference:
"W.P.(C) 4984/2019 & C.M. No. 22138/2019
The submission of the learned counsel for the petitioner is that the Tribunal has rejected the original application on a completely misplaced assumption of wh
The main legal point established in the judgment is the importance of uniform eligibility conditions and the need for the Ministry of Higher Education, Govt. of India to review and amend the Recruitm....
Possession of a higher degree in the relevant subject can lead to the presumption of meeting essential qualifications, even if the lower degree is not explicitly mentioned in the rules or advertiseme....
Similarly situated candidates with higher qualifications entitled to equal treatment under Articles 14 & 16, overriding strict graduation elective requirements.
Postgraduate degree in subject does not substitute graduation-level study of subject for two years unless rules expressly provide; strict adherence to prescribed eligibility mandatory, higher qualifi....
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.
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
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....
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