Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
| Table of Content |
|---|
| 1. common issue in writ petitions on md appointment rules. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. challenges to appointment lacking mandatory qualification. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. petitioners argue mandatory engineering degree, no equivalence. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. pil stresses transparency in public appointments. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. state defends equivalence via proviso flexibility. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 6. respondent claims substantial equivalence and no prejudice. (Para 41 , 42 , 43 , 44 , 45 , 46) |
| 7. judicial review limited to eligibility compliance. (Para 47 , 48 , 49 , 50 , 51) |
| 8. rule 9a mandates engineering degree as eligibility. (Para 52 , 53 , 54 , 55 , 56 , 57) |
| 9. proviso requires reasoned, pre-appointment equivalence. (Para 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65) |
| 10. appointment violates articles 14, 16 without record. (Para 66 , 67 , 68 , 69 , 70) |
| 11. appointment set aside for lacking statutory compliance. (Para 71 , 72 , 73 , 74) |
JUDGMENT :
Ashish Naithani, J.
1. These three writ petitions, namely WPSB No. 710 of 2024, WPPIL No. 70 of 2025 and WPSB No. 295 of 2025, arise
Mandatory statutory educational qualifications for public posts require reasoned pre-appointment equivalence determination under proviso; absence on record renders appointment ultra vires, notwithsta....
Statutory educational qualifications for public appointments are mandatory; equivalence under proviso requires prior, objective, reasoned decision on contemporaneous record, absent which appointment ....
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
The appointment of the Chairperson of the National Commission for Homeopathy was quashed due to non-compliance with statutory experience requirements, emphasizing strict adherence to eligibility crit....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
