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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, ACJ., MANEESH SHARMA
Bimala Kumari D/o Shri Moola Ram – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of appeals involving educational qualifications. (Para 1 , 2 , 3) |
| 2. arguments about b.p.e qualification eligibility. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of educational qualifications recognition. (Para 8 , 9 , 10 , 11 , 12) |
| 4. eligible candidates should not be discriminated based on degree nomenclature. (Para 13 , 14) |
| 5. conclusion and directives for appointment process. (Para 15 , 16 , 17) |
JUDGMENT :
CMCW No.431/2024 in SAW No.499/2024:-
Matter comes up on the misc. application filed under Section 5 of the Limitation Act seeking condonation of delay of 548 days in filing the appeal.
For the reasons stated therein, the application is allowed.Delay in filing the appeal is condoned.
1. With the consent of learned counsel for the parties, the matters are taken up on board for deciding these appeals finally.
2. The controversy involved in these appeals is identical and hence, are decided by a common order. For convenience, the facts are being taken from lead case bearing D.B. SAW No.152/2023.
3. Challenge in the appeal (D.B. SAW No.152/2023) is to the order dated 25.11.2022 passed by the learned Single Judge.
4. Learned counsel for the appellant submits that the
Court affirmed the equivalency of Bachelor of Physical Education three-year degree to Bachelor of Physical Education, ensuring fair consideration for educational appointments.
Court directs timely constitution of Equivalence Committee for degree equivalence assessment per rules.
The court upheld the rejection of the petitioner's candidature as her MA (P.Ed) was not equivalent to the required M.P.Ed, confirming the necessity of adhering to specified qualifications in recruitm....
Denial of promotion based on accepted qualifications is arbitrary and violates principles of natural justice.
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