Manish Kumar Aloria S/o. Shri Kailash Chand Aloria vs State of Rajasthan, Through its Secretary, Department of Transport

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 219

SUDESH BANSAL
Manish Kumar Aloria S/o. Shri Kailash Chand Aloria – Appellant
Versus
State of Rajasthan, Through its Secretary, Department of Transport – Respondent

Advocates Appeared:
For the Petitioner: Mr. Mirza Faisal Baig with Mr. Govind Gupta, Mr. Ashwinee Kumar Jaiman with Mr. Arjun Singh, Mr. Ram Pratap Saini with Mr. Aamir Khan, Mr. Munesh Bhardwaj.
For the Respondent:Mr. S.S. Raghav, AAG assisted by Mr. Ajay Singh Rajawat, Dr. Ganesh Parihar, AAG assisted by Mr. Sameer Sharma, Mr. Nalin G. Narain with Mr. Arpit Jain for RSSB, Mr. Narendra Singh Chaudhary, Sr. Advocate with Mr. Nikhil Pal Singh, Mr. Vigyan Shah with Mr. Harendra Neel, Mr. Yash Joshi & Mr. Pulkit Bhardwaj.

Table of Content
1. common questions of law and fact arise from recruitment processes. (Para 1 , 2)
2. petitioners argue against the inclusion of higher qualifications. (Para 3 , 5 , 6)
3. clarifies judicial review and equivalency of qualifications. (Para 10 , 11)
4. state's authority to set qualifications for public service roles. (Para 20 , 21)
5. judgment concludes the ineligibility of degree holders for mvsi posts. (Para 54)

JUDGMENT :

1. All these writ petitions referred above involve common questions of law and fact and therefore, as agreed by learned counsel for parties, they have been heard together and are being decided by this common judgment. However, for the sake of convenience, facts as pleaded in SB Civil Writ Petition No.382/2022 have been noticed.

2. The relevant facts under which the spate of controversy in these writ petitions has arisen are that 197 vacant posts of Motor Vehicle Sub-Inspector (hereinafter for-short “MVSI”) to be appointed in the Transport Department of the State of Rajasthan, have been notified vide advertisement No.06/2021 dated 24.11.2021 by the Ra

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2023 Supreme(Raj) 219

SUDESH BANSALManish Kumar Aloria S/o. Shri Kailash Chand Aloria – AppellantVersusState of Rajasthan, Through its Secretary, Department of Transport – Respondent

Cases Referred (23)

SUDESH BANSAL
Manish Kumar Aloria S/o. Shri Kailash Chand Aloria – Appellant
Versus
State of Rajasthan, Through its Secretary, Department of Transport – Respondent