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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, BIPIN GUPTA
State Of Rajasthan,Through Secretary, Department Of Rural And Panchayati Raj, Government Of Rajasthan – Appellant
Versus
Naresh Chandra Patel, S/o Dungar Singh Patel – Respondent
JUDGMENT :
Bipin Gupta, J.
1. The present special appeal (writ) has been filed, being aggrieved by the judgment dated 23.02.2021 passed by the learned Single Judge of this Court, whereby the petition filed by the petitioner-respondent herein was allowed, directing the appellant-State to consider the candidature of the respondent based on his graduation mark-sheet. The Court further directed that, after verification of the graduation mark-sheet and other documents, if the petitioner is found eligible, he shall be accorded appointment within a period of two months.
2. The brief facts giving rise to this appeal are that the petitioner had initially filed a writ petition, being S.B. Civil Writ Petition No. 8447/2018, contending that, as per the advertisement issued for the post of Teacher Grade III, Level-I, in District Banswara, he had secured 64.67% marks in the REET Examination, whereas the cut-off for the General category was 60%. Despite this, he was denied appointment. He further asserted in the writ petition that he could not be disqualified from appointment on the ground of having secured only 44.15% marks in the Senior Secondary School Examination, as he had obtained more than th
A recruitment agency must consider a candidate's eligibility based solely on the information submitted at the time of application and cannot accept qualifications disclosed after the recruitment proc....
A candidate's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application dead....
The court emphasized that it cannot rewrite the terms of recruitment and cannot issue directions contrary to the eligibility requirements under the applicable terms.
The main legal point established in the judgment is that despite initial rejection due to the lack of mark-sheet indicating the study of a specific subject, the court may require indulgence and direc....
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students.
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
Point of Law : Principle of estoppel or waiver will also not be attracted in the instant case as the challenge is on a ground which came to light after the recruitment process was over. In any case, ....
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
The main legal point established in the judgment is that the respondent authorities should reconsider the case of the petitioner for regularization of his service and allow the petitioner to particip....
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