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SANJEEV PRAKASH SHARMA
Lokesh Jalwania – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioners by way of these writ petitions have prayed for appointment on the post of COVID Health Consultant and COVID Health Assistant under the advertisement issued by the Department on 27.05.2021.
2. Learned counsel for the petitioners submits that the petitioners have passed Bachelor in Ayurveda (BAMS) and they ought to be considered for the post of COVID Health Consultant and COVID Health Assistant.
3. Learned counsel relies on an order passed by the Principal Seat at Jodhpur in SBCWP No.8028/2021 : Rekha Vaishnav & Ors. versus State of Rajasthan & Ors. wherein directions were issued to provisionally allow the petitioners therein to participate in the selection process on the post of COVID Health Assistant and COVID Health Counsultant.
4. This Court finds that the advertisement mentions the qualifications for the post of COVID Health Consultant and COVID Health Assistant as MBBS with RNC registration and GNM/B.Sc. Nursing with RNC Registration respectively. Thus, a person who possesses qualifications of BAMS, that is person who studied in Ayurveda field, is not qualified for appointment either as COVID Health Consultant or as COVID Health Assistant. The interim order
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.
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.
Candidates must possess the prescribed qualification for a post at the time of submission of application to be considered eligible.
The court established that the determination of qualifications for public employment is solely within the purview of the state, and judicial review cannot be used to challenge or redefine these quali....
Regulatory bodies' qualifications are essential for appointment eligibility; service rules under Article 309 are legitimate if not violating fundamental rights.
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
Eligibility for recruitment is determined as of the application date, and candidates must possess required qualifications by that date.
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