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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURINDER MOHAN AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. All these writ petitions are amenable for being decided through a common verdict on account of theirs inhering a common question of law and fact. In essence, the petitioners are aggrieved by the respondents’ decision declaring them ineligible for appointment to the post of Intelligence Assistant (in the respective ranks of Constable and Sub-Inspector) on the ground of non-fulfilment of the prescribed educational qualifications.
2. Concisely and compendiously, the respondent(s)-department, vide Advertisement No.1/2016 dated 01.09.2016 and Advertisement No.2/2016 dated 08.09.2016, invited online applications for direct recruitment to fill up vacancies of male and female Intelligence Assistants and Intelligence Officers, in the respective ranks of Constable and Sub- Inspector, in the Intelligence Wing of Punjab Police. The petitioners applied within the stipulated period and successfully cleared the physical efficiency test, whereafter they were permitted to appear in the written examination. However, upon scrutiny of documents by a duly constituted Committee, the petitioners were found ineligible on account of non-fulfilment of the prescribed educationa
Equivalent Degree – Entitlement for appointment - Candidate who can provide conclusive evidence that he/she has educational qualification or experience at least equal to what is required by the minim....
Courts cannot determine equivalence of educational qualifications; such determinations are reserved for expert bodies.
Service Law - Posts of Sub- Inspector Selection process - Once statutory Rules prescribe for having ‘O’ Level certificate from this particular institute, by exercising judicial review, Court cannot s....
The court affirmed that the equivalence of educational qualifications is a matter of State determination, limiting judicial review, while ensuring that unfilled vacancies warrant reconsideration of c....
Higher computer degrees like B.Tech (ECE) held equivalent and superior to required one-year basic computer diploma; such qualifications cannot disqualify candidature for public employment.
There is no equivalent Rule akin to Rule 10(a)(ii). A perusal of the said Rule 10(a)(ii) clearly presupposes and provides that the acquisition of a higher qualification would presuppose the acquisiti....
The court affirmed that the state has the authority to determine the qualifications for public service positions, and equivalence of qualifications is not subject to judicial review.
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