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RAVINDRA MAITHANI
Rajeev Kumar Pandey – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
A common question of law arises in these petitions; therefore, they are being decided by this common judgment.
2. The petitioners are M.Sc. (Advanced Zoology) and also Bachelor of Education from Hemwati Nandan Bahuguna Garhwal University, Srinagar, District Pauri Garhwal (for short, “the University”). The respondent no.2, Uttarakhand Public Service Commission (for short, “the Commission”) issued an advertisement on 04.09.2018 inviting applications for the post of Lecturer including 71 posts of Lecturer Biology. As per advertisement, the qualification for the post was as follows:-
“(i) Post Graduation Degree in Botany or Zoology from any University established by law in India.
(ii) L.T. Diploma from the Government or Government recognized Training Institute/College or Degree in Bachelor of Education from any University established by law in India.”
3. Both the petitioners applied for the said post and appeared in the Entrance Examination. Both of them qualified the Written Examination. Suddenly, it is the case of the petitioners that the Commission, on 08.06.2019, issued a list of disqualified candidates and both the petitioners have been shown disqualifie
The main legal point established in the judgment is that the determination of equivalence of qualifications by an Expert Committee, supported by the State Government, can influence the eligibility of....
a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribe....
The court affirmed that specific subject qualifications are essential for teaching positions, and equivalence determinations are within the purview of expert bodies.
The relevance and equivalence of the qualification, as opined by the University of Jammu and University of Kashmir, are crucial in determining eligibility for a specific post.
The court emphasized the relevance and equivalence of the qualification possessed by the petitioners, as opined by the University of Jammu and University of Kashmir, and highlighted the importance of....
Courts have a limited role in academic matters and cannot act as an appellate authority over the decisions of expert bodies unless there is evidence of arbitrariness or mala fide.
The main legal point established in the judgment is that appointments to academic positions must adhere to the prescribed educational qualifications and regulations, and that the equivalence of degre....
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