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Ms. Suneeta Bharti And 3 Others vs State Of U.P. And 2 Others on 4 May, 2022

In the case of State of Rajasthan & Others Vs. Lata Arun delineated in 2002 (5) SC 210, the Apex Court has surveyed the invalidation of admission of a candidate to the General Nursing and Midwifery and Staff Nurse Course on the ground that the respondent did not possess the eligibility criteria. The Apex Court, while setting aside the assessment of the High Court, held that the high Court has miscalculated in issuing guidelines to the appellants to treat the respondent as a candidate possessed of all the prearranged qualification and to asseverate his result.
Allahabad High Court Cites 74 - Cited by 0 - M R Chauhan - Full Document

Bharati Rathore vs Union Of India And Anr. on 28 May, 2021

In State of Rajasthan v. Lata Arun, (2002) 6 SCC 252, the issue which arose for consideration was whether the respondent had the eligibility qualification for admission in nursing course in the year 1990. The minimum prescribed qualification prescribed by the notification was that the candidates should have passed first year of Three Years' Degree course (TDC) or 10+2; and that the candidates with science subjects (Biology, Chemistry, Physics) will be given preference. Furthermore, the Indian Nursing Council prescribed minimum educational qualification for all candidates was 12th class pass or its equivalent preferably with science subjects. Respondent possessed a Madhyama Certificate issued by the Hindi Sahitya Sammelan, Allahabad in 1984 which was recognized as equivalent to a degree in Hindi. The said recognition was withdrawn with effect from 01st April, 1985. The respondent was given provisional admission in the nursing course which was subsequently cancelled as she did not have the educational qualification prescribed for the course. The first writ filed by her was disposed of with the direction to Nursing Council to consider the matter sympathetically. Subsequently, Nursing Council took the decision that the respondent was not eligible for admission to the General Nursing Course since she had no background in Biology and she did not possess the requisite educational qualification. A second writ was filed and was allowed and same was upheld by the Division Bench on the ground that the order passed by the High Court in the first writ petition filed by the respondent, the Nursing Council should have decided the matter granting relief to the respondent. The Supreme Court Signature Not Verified W.P.(C) 5229/2019 Page 31 of 117 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:28.05.2021 17:35:35 observed that there were two issues; one relating to the prescription of minimum educational qualification for admission to the course and the other relating to recognition of the Madhyama Certificate issued by the Hindi Sahitya Sammelan, Allahabad as equivalent to or higher than 10 +2 or 1st year of TDC for the purpose of admission.
Delhi High Court Cites 60 - Cited by 0 - J R Midha - Full Document

Sachin Santaram Thenge vs Government Of India Through Its ... on 2 March, 2016

38] In the light of discussion in the foregoing paragraphs, and the ratio laid down by the Hon'ble Supreme Court in the case of State of Rajasthan and others Vs. Lata Arun [cited supra], and other Judgments referred ::: Uploaded on - 02/03/2016 ::: Downloaded on - 03/03/2016 00:02:35 ::: 8030.2015WP+.odt 50 herein above, it is not for Courts to decide whether a particular educational qualification should or should not be accepted as equivalent to the qualification prescribed by the authority. Therefore, the petitioners are not entitled for the reliefs prayed in the Petitions, hence, Petitions stand rejected.
Bombay High Court Cites 13 - Cited by 0 - S S Shinde - Full Document

Madhumita Das vs University Of Calcutta And Ors. on 1 March, 2004

In the case of State of Rajasthan v. Lata Arun (supra) I find that in para 10 of the judgment the Supreme Court specifically stated that in an appropriate case the Court can examine whether policy decision or administrative order dealing with matter is based on a fair, rational or reasonable ground; whether such decision has been taken on consideration of relevant aspect of matter; whether exercise of power is obtained with mala fide intention; whether decision serves the purpose of giving appropriate training to the candidates admitted or it is based on irrelevant, or irrational consideration and intended to benefit an individual or group of candidates. Therefore, the said decision rather goes against University and if it appears that decision to exclude 'Patrachar Student1 is unfair, irrational and unreasonable, the Court can interfere.
Calcutta High Court Cites 27 - Cited by 0 - B Bhattacharya - Full Document

Tahseen Nishath vs Telangana State Public Service ... on 5 June, 2023

20. Taking into consideration all the above referred facts and circumstances of the case and the law laid down by the Apex Court in the various judgements referred to and discussed above (i) In Zahoor Ahmad Rather &Ors. v. Sheikh Imtiyaz Ahmad &Ors. reported in 2019 (2) SCC 404, (ii) In Mohammad Shujat Ali &Ors. v. Union of India &Ors reported in 1975 (3) SCC 76, (iii) In Guru Nanak Dev University v. Sanjay Kumar Katwal&Anr., reported in 2009 (1) SCC 610, (iv) In J. Ranga Swamy v. Government of Andhra Pradesh and Others, reported in 1990 (1) SCC 288, (v) In State of Rajasthan &Ors. v. Lata Arun, reported in 2002 (6) SCC 252, and the judgment of Full Bench of High Court at Hyderabad in W.P.No.40157/2017 and batch in MalleshKorukoru Vs. State of Telangana referred to and discussed above, this Court opines that the present 26 Wp_14235_2020 SNJ writ petition is devoid of merits and accordingly is dismissed. However, there shall be no order as to costs.
Telangana High Court Cites 14 - Cited by 0 - S Nanda - Full Document

Prathamkumar vs Indian Institute Of Management on 15 April, 2005

24. Even as held by the Hon'ble Supreme Court of India in case of STATE OF RAJASTHAN AND Ors. V. LATA ARUN, 2002 (6) SCC p.252, in an appropriate case, the Court can examine whether policy decision or the administrative order dealing with the matter is based on a fair, rational and reasonable ground, whether the decision has been taken on consideration of relevant aspects of the matter, whether exercise of the power is obtained with mala fide intention; whether the decision serves the purpose of giving proper training to the candidates admitted or it is based on irrelevant and irrational considerations or intended to benefit an individual or a group of candidates. As stated hereinabove, the stipulation itself is based on irrelevant and irrational consideration and it is not based on a fair and rational and reasonable ground and decision is taken not considering the relevant aspects of the matter i.e. admission of a candidate mainly and solely based upon his own individual performance at CAT, group discussion and personal interview. Under the circumstances also, the decision and the aforesaid stipulation is required to be quashed and set aside and it is set aside accordingly.
Gujarat High Court Cites 16 - Cited by 4 - M R Shah - Full Document

Hindi Sahitya Sammelan, Allahabad vs Chief Cit, Allahabad on 11 October, 2022

By referring to para 5 of the aforesaid Judgment and order of Hon'ble Supreme Court in the case of Lata Arun(supra), the ld. CIT-DR submitted that the educational qualification by way of Madhyama Certificate issued by the assessee, was previously recognized as equivalent to a Degree in Hindi, but the said recognition ceased to be operative w.e.f. 1.4.1985. The ld. CIT DR further referred to a letter dated 4.12.1991 addressed by Deputy Secretary, Association of Indian Universities, New Delhi written to the Registrar, Rajasthan Nursing Council, Jaipur, in which it was stated " Hindi Sahitya Samellan , Prayag, Allahabad is one of the voluntary Hindi Institution set up for promotion of Hindi. Its exams are not equated with the regular examinations of Secondary Boards/Universities. Our attention was drawn to para 14 , wherein Hon'ble Supreme Court observed that the Madhayama Certificate from Hindi Sahitya Sammelan Prayag, Allahabad was deleted from the recognized qualifications by the notification dated 28.6.1985. It is also brought to our notice from para 12, that Hindi Sahitya Sammelan, Allahabad, was recognized for the period from 1931 to 1967 only, with respect to diploma/degree of Vaidya Visharad or Ayurveda Ratna issued by it. Every assessment year is a separate unit and the activities of the taxpayer are to be evaluated for each of the assessment year, before granting exemption u/s 10(23C)(vi). These are factual aspects which need verification of facts. The assessee has not even filed before us the audited financial statements for the impugned ay's .
Income Tax Appellate Tribunal - Allahabad Cites 48 - Cited by 0 - Full Document

Dr. Nagaraju Tanneru And Another vs Telangana State Public Service ... on 5 June, 2023

21. Taking into consideration all the above referred facts and circumstances of the case and the law laid down by the Apex Court in the various judgements referred to and discussed above (i) In Zahoor Ahmad Rather &Ors. v. Sheikh Imtiyaz Ahmad &Ors. reported in 2019 (2) SCC 404, (ii) In Mohammad Shujat Ali &Ors. v. Union of India &Ors reported in 1975 (3) SCC 27 WP_12961_2020 SNJ 76, (iii) In Guru Nanak Dev University v. Sanjay Kumar Katwal & Anr., reported in 2009 (1) SCC 610, (iv) In J. Ranga Swamy v. Government of Andhra Pradesh and Others, reported in 1990 (1) SCC 288, (v) In State of Rajasthan &Ors. v. Lata Arun, reported in 2002 (6) SCC 252, and the judgment of Full Bench of High Court at Hyderabad in W.P.No.40157/2017 and batch in MalleshKorukoru Vs. State of Telangana referred to and discussed above, this Court opines that the present writ petition is devoid of merits and accordingly is dismissed.
Telangana High Court Cites 16 - Cited by 0 - S Nanda - Full Document
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