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2002 Supreme(SC) 693

BRIJESH KUMAR, D.P.MOHAPATRA
State Of Rajasthan – Appellant
Versus
Lata Arun – Respondent


Judgement Key Points

Key Points: - The Madhyama Certificate (1984) was not recognised as equivalent to the required qualification (1st year of TDC/10+2) for admission in 1990; the certificate’s equivalence ceased to be operative from 1.4.1985, and later guidance stated it is not equated with regular secondary boards/universities (!) . - The High Court’s direction to treat the Madhyama certificate as equivalent and declare the respondent’s result was in error; the matter involves policy decisions about minimum qualifications and recognition of qualifications, which are for the State Government/authorities, not courts to decide on a case-by-case basis (!) (!) (!) . - The Court held that the Nursing Council should decide the controversy, and there was no observation indicating that Madhyama should be recognized as equivalent for admission; misreading of SB Civil Writ Petition No. 5995 of 1991 by the High Court was noted (!) (!) (!) . - The appeal was allowed; the respondent’s writ petition was dismissed; if any financial benefit was already granted on basis of the qualification, it need not be recovered (!) . - The decision emphasizes that eligibility qualifications for admission and recognition of qualifications are matters of policy and need fair, rational, and reasonable grounds; court can intervene to examine fairness but not substitute its own policy decision (!) (!) . - The notification of 28.6.1985 deleted Madhyama from recognized qualifications; the respondent submitted application in December 1989, aware of non-recognition (!) . - Provisional admission was initially given but later canceled once qualification was found lacking (!) (!) . - Delhi/Dr. Ravinder Nath precedents cited discuss recognition of traditional qualifications and statutory framework; but this judgment confines to evaluating whether courts should substitute policy decisions (!) .

What is the appropriate consideration of Madhyama Certificate as equivalent to prescribed qualifications for admission to nursing courses?

What is the Court's stance on whether educational qualifications are to be decided as a policy matter by authorities or can be scrutinized by courts for fairness and rationality?

What relief, if any, can be granted where a candidate possessed an unrecognized qualification at the time of application but had earlier been granted provisional admission?


JUDGMENT

D.P. Mohapatra, J.-Leave granted. State of Rajasthan through the Director, Medical and Health Services; the Rajasthan Nursing Council, through its Registrar, and the Principal Medical Officer, Government Hospital, Barmer, Rajasthan, have filed this appeal against the order of the Rajasthan High Court dated 6.7.2000 in D.B. Civil Special Appeal No.917/99 (Def.) titled State & Ors. vs. Smt. Lata Arun. The order passed by the High Court reads as follows :

"However looking to all the facts and circumstances, we are of the opinion that the order of learned Single Judge is in the interest of justice. It does not require any interference of this Court. We do not find any merit in this appeal."

2. In the special appeal the appellants assailed the judgment of the learned single Judge allowing the Writ Petition No.4433 of 1997, filed by the respondent. The operative portion of the said judgment runs as follows:

"In view of the above discussion, this petition is allowed. The impugned order at Annexure R/1 annexed to the reply affidavit and the order dated 3.9.1997 Annex. 11 are hereby quashed and set aside. The respondents are directed to declare the result of the petitioner for Gen

























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