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VIVEK RUSIA
Rajesh Verma – Appellant
Versus
The State of Madhya Pradesh – Respondent
ORDER
1. The petitioner has filed the present petition seeking direction to the respondents to consider his graduation certificate issued by the Indian Army for appointment to the post of Madhyamik Shikshak (English).
Petitioner’s case
2. The petitioner passed the Higher Secondary Examination (12th) and thereafter joined the Indian Army to the post of Havaldar. After discharging more than 15 years of continuous service in the Indian Army, he was issued a Combined Certificate of Discharge and Recommendation for Civil Employment which is equivalent to the Graduation certificate issued by any recognized university. The Indian Army is competent to issue a graduation certificate to the army personnel by virtue of their 15 years of service in the Indian Army. The petitioner had also passed the diploma in education (two years Course) in the year 1999 from the Board of Secondary Education, Bhopal.
3. The State Government framed the Rules called the Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018 (in short '' Rules, 2018'') for recruitment to the teaching staff in the school education department as mentioned in Schedule-1 and Schedule -2
The validity of the Degree commences from the date of acquisition and relief cannot be denied based on the date of issue of employment notification.
Service Law - Ex-serviceman - Appointment to any reserved vacancy - once employment Notification/Advertisement provides for “Equivalent” conduct of an exercise to determine equivalence is essential -....
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
The main legal point established is that for the appointment of a teacher in a specific subject, a specialized degree in that subject, not a subsidiary one, is required as per the advertisement stipu....
The court emphasized that it cannot modify or expand the prescribed qualifications for a position as specified by the statutory authority.
Employers can prescribe qualifications for recruitment but cannot arbitrarily exclude valid certificates, particularly those recognized by law.
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