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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Ganesh Lal Bareth, S/o. Shri Bhanwar Lal Bareth – Appellant
Versus
State of Rajasthan, Through Principal Secretary, Higher Education, Secretariat, Jaipur – Respondent
JUDGMENT :
1. This joint petition has been filed by the petitioners challenging rejection of their candidatures for the post of Lecturers Music (Vocal) and have prayed that they may be treated as eligible for holding the aforesaid post ignoring the requirement of “Good Academic Record” in the light of UGC (Minimum Qualification Required for the Appointment and Teacher and Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standard in Higher Education), Regulations, 2018 (hereinafter referred to as, ‘the Regulations of 2018’) and accordingly, they may be appointed pursuant to the advertisement dated 12.01.2015.
2. Facts in brief are that the petitioner No.1 claims to possess qualification of Secondary, Senior Secondary, Graduation with Arts Subjects as well as Post Graduate Degree in Music with First Division. He also owns to his credit certificates of NET and SLET as well as Degree of Ph.D. It has also been mentioned in the petition that the petitioner No.1 is working as Lecturer (Indian Music)since 28.01.2016.
3. So far as petitioner No.2 is concerned, he also claims to possess certificates of Secondary, Senior Secondary, Graduation with Arts subjec
Eligibility criteria for recruitment must adhere to regulations in force at the time of advertisement; subsequent amendments cannot be applied retroactively.
The rejection of a candidate's application for Assistant Professor based on academic qualifications was lawful as it adhered to the established criteria and regulations.
The court established that changes in eligibility criteria must be applied equitably, ensuring that both merit and prior service are considered in appointment decisions.
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.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
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