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RATNAKER BHENGRA
Moti Shankar Mahato, S/o Raghuram Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ratnaker Bhengra, J.
This writ petition was heard along with W.P.(S) No. 2223 of 2014, as per order of this court dated 29.09.2015, passed in W.P.(S) No. 2223 of 2014.
2. In the present writ petition the petitioner prayed for writ in the nature of Mandamus, commanding upon the respondents to immediately and forthwith send to this Hon'ble Court all the records appertaining to the issuance of the letter dated 06.01.2014 (Annexure13) to the petitioner wherein, it has been intimated to the petitioner that because of his non fulfillment of the requirements envisaged, his appointment to the post of Diesel Mechanic [Anudeshak] cannot be considered and to quash the same as being illegal, arbitrary, blatant misuse of power as the same has been done in a completely illegal manner. Further prayer has been made for direction upon the respondents particularly Respondent No. 3 to consider his case for appointment to the post of Diesel Mechanic [Anudeshak]. The petitioner has also prayed to allow him to join as a Diesel Mechanic [Anudeshak] on and from the date on which the Respondent Nos. 4, 5 and 6 have joined their posts of Diesel Mechanic [Anudeshak] under the Respondent No. 2.
3. The
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....
Misrepresentation of qualifications does not merit appointment; specific qualifications in job advertisements must be strictly adhered to for recruitment purposes.
The court established that arbitrary exclusion from a selection process violates the rights of eligible candidates, warranting judicial intervention.
The main legal point established in the judgment is that a claim based on a certificate issued at a later date, without a genuine mistake, does not qualify for additional marks. The court emphasized ....
The court can intervene if there are contradictions or non-application of mind in the committee's conclusions regarding the equivalence of qualifications.
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