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JAGMOHAN BANSAL
Avinash Dalmotra – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to permit him to join as Constable in District Police Cadre.
2. The petitioner pursuant to Advertisement No.2/2021 dated 16.07.2021 (Annexure P-1) applied for the post of Constable in District Police and Armed Police Cadre. The minimum education qualification was prescribed in Clause 5.3 of the advertisement. The said Clause of the advertisement reads as:
The requirement to pass the Punjabi language examination is not essential at the application stage but must be fulfilled before appointment, as per Rule 17 of the 1994 Rules.
The interpretation of statutory rules and their application in determining eligibility for public employment.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
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 central legal point established in the judgment is that the eligibility for recruitment goes to the root of selection, and a person who does not possess the prescribed qualification cannot be app....
The court affirmed that the Postal Department's recognition of the Prathama qualification as equivalent to matriculation validated the appointment of the writ petitioner, emphasizing that qualificati....
The judgment establishes the principle that candidates must possess the qualifications as per the statutory rules by the last date appointed in the advertisement for recruitment, and mandamus can onl....
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