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ARUN BHANSALI
Nayana Patidar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Arun Bhansali, J. - This writ petition has been filed by the petitioner aggrieved against the rejection of her representation by the respondents to take into consideration her graduation qualification for the purpose of eligibility for the post of Teacher Gr. III (Level-I) pursuant to the advertisement dated 31.12.2021 (Annex. 1).
2. It is inter alia indicated that the advertisement indicated the requisite eligibility criteria, wherein, based on Senior Secondary, the requirement was at least 50% marks, however, for graduates, no minimum percentage was indicated.
3. The petitioner filled up her application form (Annex. 4) and indicated her qualifications, wherein, she indicated only Secondary, Senior Secondary, Bachelor of Elementary Education and REET 2021 marks and on account of inadvertence could not indicate her graduation marks, though, she has graduation to her credit as Bachelor of Science as is reflected from the degree produced as Annex. 2.
4. The petitioner before the declaration of the result, had approached this Court by filing SBCWP No. 3807/2022, which came to be disposed of on 16.3.2022, whereby, the petitioner was permitted to make a representation to the compet
A recruitment agency must consider a candidate's eligibility based solely on the information submitted at the time of application and cannot accept qualifications disclosed after the recruitment proc....
Candidates' qualifications must be fully considered in merit list preparation for recruitment, as per applicable rules and prior court rulings.
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
The main legal point established in the judgment is the interpretation of eligibility norms, emphasizing that the candidate should have studied the subject concerned in all parts/years in which the s....
The main legal point established in the judgment is that eligibility requirements as per the advertisement and the cut-off marks are crucial in determining a candidate's eligibility for appointment.
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students.
A candidate's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application dead....
Possession of a higher degree in the relevant subject can lead to the presumption of meeting essential qualifications, even if the lower degree is not explicitly mentioned in the rules or advertiseme....
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