SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1983 Supreme(P&H) 528

S.C.MITAL, S.S.KANG, S.S.SANDHAWALIA
Som Dutt – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Where the qualifications for a post are spelt out by a statute, or precisely prescribed by the employer-State. can it insist on literal adherence thereto irrespective of either an unprescribed equivalent or a higher academic qualification therefrom possessed by applicants seeking appointments to the said post ? This is the common core quest on in this set of five petitions referred for an authoritative decision by the Full Bench.

2. The matrix of somewhat similar facts may be taken from C. W. P. No. 2231 of 1983 (Som Datt v. State of Haryana). The petitioner therein had secured his M. A. degree from the Agra University and later had passed the Bachelor of Education Examination from the Kurukshetra University. In response to an advertisement made by respondent 2 Director of School Education, Haryana for 1679 posts of J. B. T. Teachers, he applied for appointment thereto. Admittedly, the prescribed qualifications for the said posts were as under :

"(i) Matric (Full) with English as one of the subjects.

(ii) Pass in two year J. B. T./Diploma in Education Training Course from the Haryana Education Department or equivalent qualification recognised by the H


































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top