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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE SUMAN SHYAM
Gaurab Dutta S/o Sri Dilip Kumar Dutta – Appellant
Versus
Indian Oil Corporation Ltd – Respondent
JUDGMENT & ORDER :
SUMAN SHYAM, J.
Heard Mr. B. Pathak, learned counsel appearing for the writ petitioner. Also heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. R. Gohain, learned counsel appearing for the respondents.
2. The writ petitioner herein had completed his Post Graduate Diploma (PGDM) in Global Business Operation (GBO) from Shri Ram College of Commerce affiliated to the University of Delhi. In the month of November, 2017 the Indian Oil Corporation Limited i.e. the respondent No.1 herein, had issued an advertisement notice inviting candidature from dedicated professionals in the field of Marketing Management . The educational qualification laid down by the advertisement notice for recruitment of Marketing Management professionals is as follows :-
“1.1.1. 2 year full-time regular course leading to Post Graduate Diploma (PGDM)/Masters Degree in Business Administration (MBA) or equivalent with specialization in Marketing Management or an equivalent qualification from a recognized Indian University/Institute.”
The writ petitioner being a Post Graduate Diploma holder in Global Business Operation had submitted his application for the post of Marketing Professional in
The equivalence of educational qualifications for recruitment is determined by relevant educational authorities, and the court cannot adjudicate without their involvement.
The UGC determines the equivalence of degrees, and the absence of 'full-time' in the job advertisement indicates the Bank's intention not to restrict eligibility to full-time MBA holders.
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The central legal point established in the judgment is the determination of equivalence in academic qualifications and the Court's authority to direct the constitution of an expert committee to exami....
The court affirmed that the state as an employer has the exclusive right to determine eligibility qualifications for recruitment, and judicial review cannot alter these stipulations.
The prerogative of the State as employer to prescribe the eligibility qualification for recruitment to any post and the exclusive domain of the recruiting authority in determining the equivalence of ....
The employer and subject experts are the best judge of equivalence of qualifications for recruitment, and matters of education must be left to educationists, subject to being governed by relevant sta....
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