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SANGEET LODHA, MAHENDAR KUMAR GOYAL
Vishnu Bawaree – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. This intra-Court appeal is directed against order dated 4.12.18 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant seeking directions to the respondents to allow him to participate in the interview for selection to the post of Lecturer in Economic Administration & Financial Management ('EAFM'), pursuant to the advertisement dated 12.1.15, issued by the Rajasthan Public Service Commission (RPSC), has been dismissed.
2. The RPSC invited applications from eligible candidates for recruitment to the post of Lecturer in various subjects, under the provisions of Rajasthan Education Service (Collegiate Branch) Rules, 1986 ('the Rules'). The eligibility qualification as prescribed in the advertisement was good academic record with Masters Degree in relevant subjects from an University or an equivalent degree from an accredited foreign university, National Eligibility Test (NET), conducted by University Grants Commission (UGC), CSIR or similar test accredited by the UGC like SLET/SET. The candidates who are or have been awarded a Ph.D. Degree in accordance with UGC (Minimum Standards and Procedure for Award of Ph.D. Degree) Regula
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 court emphasized that the equivalence of qualifications is in the exclusive domain of the recruiting authority and cannot be determined through judicial review.
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....
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....
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....
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