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N. V. ANJARIA, NISHA M. THAKORE
Bharatkumar Babubhai Parmar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
A crisp question of law arises for consideration,- whether in the facts of the case, it was open for the employer to deviate from the eligibility prescribed in the Rules and accordingly in the advertisement, by treating the candidates possessing the qualification other than the prescribed, which was higher qualification, on the projected ground that the higher qualification held by the candidate could be presupposed taken as they having inclusively possessed the lower qualification, especially when the Rules do not so contemplate.
2. Preferred by the original petitioners, 10 in numbers, the present Letters Patent Appeals address challenge to judgment and order dated 20.03.2023 of learned Single Judge whereby the Special Civil Applications of the petitioners were dismissed. The appellants-petitioners wee denied the relief.
2.1 What was prayed by the appellants-petitioners in their Special Civil Application was to set aside the action on the part of the respondent authorities in deleting their names from the select list. They prayed to declare that the deletion was unauthorised and illegal. It was next prayed to direct the respondents
: A person, seeking to be appointed as Workshop Assistant must essentially possess qualification prescribed.
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....
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....
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