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TUSHAR RAO GEDELA
Ankita Meena – Appellant
Versus
Airport Authority of India – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 3024/2024
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 677/2024 & CM APPL. 3023/2024 (Interim Relief)
3. This is a writ petition under Articles 226 and 227 of the Constitution of India inter alia seeking following reliefs:
"(a) Declare that the action of Respondent No.1 in reserving only 1 out of 32 posts for ST candidates for recruitment for the post of Senior Assistant (Electronics) against advertisement dated 14.12.2022 is unlawful;
(b) Declare that the refusal of the Respondents to consider Petitioner's candidature for the post of Senior Assistant (Electronics) is arbitrary and violates the fundamental rights of the Petitioner as guaranteed under Articles 14, 19 and 21 of the Constitution of India;
(c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the Respondents to appoint the Petitioner at the post of Senior Assistant (Electronics) in Respondent No.1 Airports Authority of India against Advertisement dated 14.12.2022;..."
4. Ms. Pooja Dhar, learned counsel appearing for the petitioner challenge
The importance of challenging issues at the initial stage and the impact of misrepresentation on eligibility.
The judgment establishes the principle that in the absence of a specific provision in the advertisement, there is a presumption that only the experience earned after acquiring the degree would be cou....
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
The main legal point established in the judgment is that a person holding lien on a permanent post of an organization falls within the definition of a Departmental Candidate and is eligible to appear....
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 entitlement to appointments based on wait list positions and the application of age relaxation and policy circulars in determining eligibility for appointments.
Similarly situated candidates with higher qualifications entitled to equal treatment under Articles 14 & 16, overriding strict graduation elective requirements.
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