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Showing contexts for: equivalent qualifications in Rakesh And Others vs State Of Haryana And Others on 9 October, 2013Matching Fragments
It is argued on behalf of the State that the decision lies with the employer in prescribing essential qualifications for appointment to a particular post and if specific qualification is prescribed in the rules and is not met with then no discretion is left in the Government to offer or make appointments even though the Commission may have recommended names. There is no prescription in the rules and, therefore, in the advertisement that qualifications equivalent to a degree of B.Sc. (Hons.) in Agriculture would be considered. The words "or equivalent qualifications'' are missing in the Khan Md. Firoz 2013.10.11 10:15 10:13 I attest to the accuracy and integrity of this document punjab and haryana high court chandigarh CWP No.14939 of 2011 and 4 connected petitions 4 qualification rule for direct recruitment. Therefore, a literal interpretation has to be applied without searching for answers on equivalence or grappling with inferential and long winded arguments on equivalence as though it were a jigsaw puzzle.
In Babita Rani Vs. State of Haryana and others, 2002 (2) S.C.T. 1029 the Division Bench of this Court while dealing with the matter of equivalence of qualifications held that conjectures and surmises in such matters is not for the Courts to determine. Equivalence and allied matters lie in the realm of experts for them to determine and the Court may even not be a proper forum to comment whether study of the subject at post graduate level without studying the same at the graduation level, would be a higher qualification or not. To quote:
"22.Whether a given qualification is equivalent to or higher than the prescribed qualifications, that too on certain conjectures and surmises is not for the Courts to determine. It is for the specialised agencies to determine equivalence of qualifications or such allied matters. This has been repeatedly held by the Hon'ble Apex Court and reference can be made to the case of Rajendra Prasad Mathur v. Karnataka University and Anr. AIR 1986 Supreme Court 1448.
The petitioners applied in response to the advertisement No.1/2012 dated 7.06.2012 through public notice for filling up 760 posts of Post Graduate Teacher (Biology). The grievance in this petition also turns around advertised qualifications and their equivalent qualifications for appointment to the post of Post Graduate Teacher (Biology). The laid down essential qualifications in the service rules called the Haryana Khan Md. Firoz 2013.10.11 10:15 10:13 I attest to the accuracy and integrity of this document punjab and haryana high court chandigarh CWP No.14939 of 2011 and 4 connected petitions 14 State Education School Cadre (Group-B Service) Rules, 2012 and the Mewat District School Education (Group-B) Service Rules, 2012 are as under:-