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SUDESH BANSAL
Bhumika Rathore D/o Mohan Singh Rathore – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. All writ petitions are based on similar set of facts and an identical issue has been raised therein, therefore, with consent of counsel for both parties, all writ petitions were tagged and have been heard together. This common judgment would decide all writ petitions.
2. The issue which has come up for consideration before this Court is as to whether the candidature of writ petitioners for the post of Assistant Professor (Business Administration) in recruitment-2020 has wrongly been rejected by the RPSC and petitioners on the basis of qualification of Master in Business Administration (MBA) are eligible for appointment on the post of Assistant Professor (Business Administration) in College Education Department, under the Rajasthan Education Service (Collegiate Branch) Rules, 1986 (hereinafter referred to as “Service Rules, 1986”).
3. For the sake of convenience, facts from SBCWP No.122/2023: Bhumika Rathore Vs. State of Rajasthan, have been taken for consideration.
4. The relevant facts, in brief, are that the Rajasthan Public Service Commission, Ajmer (for short “RPSC”) vide advertisement dated 18.12.2020, notified vacancies for the post of Assistant Professor to be dire
The court emphasized that the equivalence of qualifications is in the exclusive domain of the recruiting authority and cannot be determined through judicial review.
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 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 court emphasized the relevance and equivalence of the qualification possessed by the petitioners, as opined by the University of Jammu and University of Kashmir, and highlighted the importance of....
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribe....
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
Courts have a limited role in academic matters and cannot act as an appellate authority over the decisions of expert bodies unless there is evidence of arbitrariness or mala fide.
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