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VAIBHAVI D. NANAVATI
Bharatkumar Bhikhabhai Rabari – Appellant
Versus
State of Gujarat, Through Secretary – Respondent
ORDER :
Vaibhavi D. Nanavati, J.
1. By way of present petition, the petitioner herein has invoked Article 226 of the Constitution of India being aggrieved by the discriminatory action of the respondent authorities of treating the petitioner as ineligible for appointment on the post of Sahayak Police Sub-Inspector (Unarmed), Class – III, on the ground that the petitioner does not possess requisite educational qualification. It is the case of the petitioner that the said decision is taken up by the authorities after the petitioner appeared in all stages of selection and secured more marks than the last selected candidate under the SEBC category. It is the case of the petitioner that the petitioner possess requisite qualification.
2. Pursuant to an advertisement dated 12.02.2009 issued by the respondent-Board for the recruitment on the post of Sahayak Police Sub-Inspector (Unarmed) Class – III, 680 posts, in the fixed pay of Rs.4500/- for initial five years, out of which, 184 posts are reserved for Socially and Educationally Backward Class (SEBC) candidates. The petitioner herein applied for the said post in SEBC category. The petitioner herein successfully cleared the physical examinati
The court affirmed that the state has the authority to determine the qualifications for public service positions, and equivalence of qualifications is not subject to judicial review.
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....
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 court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.
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....
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....
Point of Law : Division Bench has rightly set aside action of the FCI in rejecting case of original writ petitioner and has rightly directed the FCI to consider the case of original writ petitioner f....
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