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INDERJEET SINGH
Sohan Singh Gurjar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner with the following prayer:-
"It is, therefore, humbly prayed that this writ petition of the petitioner may kindly be allowed,
i) By an appropriate writ, order or direction, the respondents may kindly be directed to allow to join on the post of COVID Health Assistant to the petitioners in pursuance of order dated 29.07.2021;
ii) Any other appropriate order, or direction which this Hon'ble court deem fit and proper in favour of the appellant may also kindly be passed"
2. Brief facts of the case are that in pursuance of the advertisement dated 27.05.2021, the petitioners applied for the post of Covid Health Assistant/Consultant. Grievance of the petitioners is that though their names were there in the select list but despite holding required qualification for the post in question, the petitioners were not allotted the place/to join on the post in question. The educational qualification mentioned for the post of Covid Health Assistant/Consultant, the serial No.2 of the advertisement reads as under:-
A. inksa dk fooj.k ,o
Candidates must possess the prescribed qualification for a post at the time of submission of application to be considered eligible.
The judgment establishes that the specified qualifications for a job position are essential for eligibility, and the employer has the prerogative to decide the educational qualification and other con....
Court cannot venture into such exercise. If at all it is required to be done, it can be done by the experts in the field.
The state has the exclusive authority to determine the qualifications for public service positions, and courts cannot modify or expand these qualifications through judicial review.
Appointment – If it is found that there is no lapse/delay on part of applicant, he cannot be punished for no fault attributable to him.
The requirement for registration with the Rajasthan Nursing Council was deemed unnecessary prior to application submission; essential qualification assessed at verification suffices.
Eligibility for a position should be determined based on the rules of eligibility as contained in the Recruitment and Promotion Rules and the advertisement. Any additional requirements not specified ....
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