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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Inderjeet Singh, Anand Sharma
Komal Kumawat D/o Shri Prem Chand – Appellant
Versus
Union Of India, Through The Secretary, Ministry Of Skill Development And Entrepreneurship, Directorate General Of Training, 7Th Floor, Kaushal Bhawan, New Moti Bagh, New Delhi – Respondent
| Table of Content |
|---|
| 1. common legal questions addressed. (Para 1 , 2) |
| 2. the petitioners' challenges based on qualifications and recruitment process. (Para 3 , 4 , 5) |
| 3. amendment to qualifications for vocational instructors outlined. (Para 6 , 8 , 9) |
| 4. cits requirements and their validity analyzed. (Para 10 , 12 , 19) |
| 5. court's final decision on dismissing the petitions. (Para 71 , 74) |
JUDGMENT :
1. Since common facts and question of law are involved in above writ petitions, hence, they were heard analogously and are being decided by this common order.
3. Petitioners, who are working as Guest Faculty Instructors in different Government ITI Colleges in different trades, have filed the instant writ petitions to lay a challenge to the validity of the Notification dated 01.09.2023 issued by the Department of Personnel, Government of Rajasthan in order to amend the Rajasthan Technical Training Subordinate Service Rules, 1975 (for short, 'the Rules of 1975'). They have also challenged the Advertisement No.09/2024 dated 11.03.2024 issued by the Rajasthan Staff Selection Board, Jaipur, whereby applications were invited from eligible persons for recruitment against the vacancies of Junior Instruct
The amendment to recruitment rules for vocational instructors is valid and consistent with central guidelines, asserting state competence to legislate on education within constitutional limits.
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
Section 19 (1) of the AICTE Act which provides that one of the functions of the AICTE is to lay down norms and standards for courses, curricula, physical and instructional facilities staff pattern, s....
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
The court affirmed the validity of prescribed qualifications for recruitment, emphasizing legislative authority and restricted judicial review in educational matters.
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