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SUBODH ABHYANKAR
Madhuri Prajapati, W/o. Shri Rupesh Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner applied for middle school teacher post. (Para 1 , 2) |
| 2. arguments on eligibility criteria for teachers. (Para 3 , 4) |
| 3. court observes rules regarding eligibility. (Para 5 , 6) |
| 4. court sets aside respondent's cancellation of appointment. (Para 7) |
ORDER :
Subodh Abhyankar, J.
This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 22-2-2022, passed by respondent No. 4 Divisional Deputy Commissioner, Department of Tribal Affairs and Schedule Caste, Division Indore (M. P.) wherein the petitioner has been informed that she does not possess the eligibility criteria for the post of Middle School Teacher (Tribal) as advertised vide advertisement dated 28-9-2018.
2. In brief, the facts of the case are that the petitioner had applied for the post of Middle School Teacher pursuant to the advertisement dated 28-9-2018, the examination regarding which started from 16-2-2019 and in the selection list, the petitioner was selected, and her name appeared at Sr. No. 355. Thereafter, she was called for documents verification scheduled for 23-7-2021, and on that day, she was also issued a certificate of verific
Amended eligibility rules cannot be applied retrospectively to disqualify a candidate already appointed under prior criteria.
Altering recruitment eligibility criteria after process commencement is impermissible; prior qualifications obtained disallow subsequent lower-level qualifications for appointment eligibility.
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,....
Service – Recruitment – Eligibility - petitioner's eligibility criteria as carried in the R&P Rules, becoming satiated by her, thereupon, she is not entitled for the relief claimed inasmuch, as qua a....
The main legal point established in the judgment is that eligibility requirements as per the advertisement and the cut-off marks are crucial in determining a candidate's eligibility for appointment.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
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