Back
VIVEK RUSIA
Ateesh Rai, S/o. Aditya Rai – Appellant
Versus
State Of Madhya Pradesh, Through Principal Secretary – Respondent
ORDER :
About the identicalness in the controversy involved in the present cases, with the joint request of the parties, these writ petitions are finally heard and being decided by this common order.
The facts of W.P. No.18054 of 2023
2. The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the notices dated 16.06.2023 & 12.07.2023 issued by the Madhya Pradesh Public Service Commission (in short MPPSC), whereby his candidature has been rejected for want of Master of Business Administration (MBA) for the post of Branch Officer/Estate Manager to be selected for The M.P. Housing & Infrastructure Development Board.
3. The MPPSC issued an advertisement dated 30.12.2021 for selection to the post of Branch Officer/Estate Manager for the M.P. Housing & Infrastructure Development Board. In the said advertisement, the educational qualifications for the said post are written as 'Bachelor Degree in any subject and MBA'. The petitioner applied for the said post on 11.02.2022 and appeared in the written examination held on 06.11.2022 under 'Unreserve
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....
The prerogative of the State as employer to prescribe the eligibility qualification for recruitment to any post and the exclusive domain of the recruiting authority in determining the equivalence of ....
The court affirmed that the state as an employer has the exclusive right to determine eligibility qualifications for recruitment, and judicial review cannot alter these stipulations.
The court upheld the rejection of the petitioner's candidature as her MA (P.Ed) was not equivalent to the required M.P.Ed, confirming the necessity of adhering to specified qualifications in recruitm....
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.
The court emphasized that the equivalence of qualifications is in the exclusive domain of the recruiting authority and cannot be determined through judicial review.
Degree equivalence for public employment must consider syllabus and curriculum, not just degree titles, to prevent arbitrary administrative decisions.
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
