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VAIBHAVI D. NANAVATI
Parimal Manubhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Vaibhavi D. Nanavati, J.
1. Heard Mr. Nilesh I. Jani, learned advocate appearing for the petitioner, Mr. Chaitanya S. Joshi, learned advocate appearing for the respondent no.2 and Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondent No.1- State.
2. By way of the present Petition, petitioner herein has challenged the action of the respondent no.2, whereby, the petitioner’s right to appear before the Interview Committee, though having secured requisite marks in written examination, has been deprived. The print-out of the said result taken from the website of the respondent no.2 is duly produced at Annexure- A and the petitioner herein has prayed for the following reliefs:
(B) Be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other writ, order or direction directing the respondent to allow the petitioner in the interview for the post of Assistant Professor- Botany (Class-II) as the petitioner is having requisite qualification.
(C) Be pleased to direct the respondents to consider that the Bio Science-Plant Science is equivalent to the Botany as per the certificate issued by the South G
The court affirmed that specific subject qualifications are essential for teaching positions, and equivalence determinations are within the purview of expert bodies.
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....
Courts have a limited role in academic matters and cannot act as an appellate authority over the decisions of expert bodies unless there is evidence of arbitrariness or mala fide.
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....
The main legal point established in the judgment is that the determination of equivalence of qualifications by an Expert Committee, supported by the State Government, can influence the eligibility of....
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