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1 - 10 of 13 (0.27 seconds)Maharashtra Public Service Commission vs Sandeep Shriram Warade on 3 May, 2019
13.3 It would also be fruitful to refer to the decision of
the Hon'ble Apex Court in the case of Sandeep Shriram
Warade (supra), more particularly para 10 thereof, which
reads as under.
Article 309 in Constitution of India [Constitution]
Mukul Kumar Tyagi vs The State Of Uttar Pradesh on 16 December, 2019
In Mukul Kumar
Tyagi v. State of U.P., (2020) 4 SCC 86. this
Court had an occasion to consider the
approach to be adopted by the recruiting
agency/employer while considering the issue of
equivalence of qualifications and directed as
under :
Mohammad Shujat, Ali & Ors. Etc vs Union Of India & Ors. Etc on 3 May, 1974
21. Though there a number of decisions on
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this very principle, Mohd Shujat Ali v. Union
of India, (1975) 3 SCC 76; Dr. B.L. Asawa v.
State of Rajasthan, 1982 (2) SCC 55; Zahoor
Ahmad Rather v. Sheikh Imtiyaz Ahmad,
(2019) 2 SCC 404 .
Dr. B.L. Asawa vs State Of Rajasthan & Ors on 5 March, 1982
21. Though there a number of decisions on
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this very principle, Mohd Shujat Ali v. Union
of India, (1975) 3 SCC 76; Dr. B.L. Asawa v.
State of Rajasthan, 1982 (2) SCC 55; Zahoor
Ahmad Rather v. Sheikh Imtiyaz Ahmad,
(2019) 2 SCC 404 .
Zahoor Ahmad Rather vs Sheikh Imtiyaz Ahmad on 5 December, 2018
21. Though there a number of decisions on
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this very principle, Mohd Shujat Ali v. Union
of India, (1975) 3 SCC 76; Dr. B.L. Asawa v.
State of Rajasthan, 1982 (2) SCC 55; Zahoor
Ahmad Rather v. Sheikh Imtiyaz Ahmad,
(2019) 2 SCC 404 .
Uma Shankar Sharma vs The Union Of India And Ors on 17 April, 1980
23. Even if some ground exists for the High
Court to exercise judicial review, the standard
that the High Court would adopt, as
indicated in Uma Shankar Sharma v. Union
of India, (1980) 3 SCC 202. would be to see
that, the terms and conditions of service are
[intended to be] construed reasonably, and too
technical a view can defeat the essential
spirit and intent embodied in them. In light
of the law re-iterated above and considering
the fact that the employer has not objected
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to the appellants diplomas, it was not
appropriate for the High Court to take a
technical view of the matter and set aside
the appointments."
Regional Mangaer, Centaral Bank Of ... vs Madhulika Guru Prasad Dahir And Ors on 25 July, 2008
General Manager (supra), Derry V/s. Peek,
1889 14 AC 337, Ram Preeti Yadav V/s. U.P.
Board of High School and Intermediate
Education & Ors., 2003 8 SCC 311 and
Bhaurao Dagdu Paralkar V/s. State of
Maharashtra & Ors., 2005 7 SCC 605].
Saurav Yadav vs The State Of Uttar Pradesh on 18 December, 2020
"18. In circumstances where the appointing
authority has not objected to the
qualifications of the appellants and there is
no apparent or glaring difference in the
qualifications, we see no reason for courts to
interfere and set-aside the appointments made
after due consideration. It is the appointing
authority which has to take the decision on
whether the candidate possesses what is
required by the post in cases of disputed
equivalence. This Court has stated the same
in categorical terms in its decision Anand
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Yadav v. State of U.P., (2021) 12 SCC 390 :