IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Attau Rahman Masoodi, Subhash Vidyarthi, JJ.
Prashant Kumar Mishra – Appellant
Versus
State Of U.P. Thru. Addl. Home Deptt. Lko. – Respondent
JUDGMENT
Subhash Vidyarthi, J.
1. Heard Sri J. N. Mathur, Senior Advocate assisted by Sri Mohd. Mansoor and Sri Mohd. Danish Advocates, the learned counsel for the appellants, Sri Shailendra Kumar Singh, learned Chief Standing Counsel assisted by Sri Prafulla Kumar Yadav, learned Additional Chief Standing Counsel appearing on behalf of the State/opposite parties no.1 to 4, Sri Ratnesh Chandra, the learned counsel for the opposite parties no.5 to 19 and perused the records.
2. By means of the instant intra Court appeal filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 the appellants have challenged the validity of a judgment and order dated 08.01.2025, passed by an Hon’ble Single Judge Bench of this Court in Writ-A No.4610 of 2024: Ravi Kumar Shukla and others Vs. State of U.P. and others, which was decided along with Writ-A No.7284 of 2024, Prabhat Kumar Pandey Vs. State of U.P. and others.
3. The aforesaid Writ Petition had been filed by 15 petitioners, who have been arrayed as opposite parties no.5 to 19 in this Special Appeal, against the appellants, who were opposite parties no.1 to 4 in the writ petition challenging the validity of a resolution passed in a m
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
Eligibility criteria for recruitment cannot be altered mid-process, as it undermines fairness and transparency, violating established legal principles.
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
Higher qualifications do not disqualify candidates from eligibility if the recruitment rules do not expressly prohibit them, and candidates are estopped from challenging criteria after participating ....
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