petitioner who
possesses Masters in Medicines (M.D.) and having the preferential
qualification should have been appointed over and above selected
candidates i.e. respondents ... fulfilled by the petitioner and
also having Doctor in Medicine, the preferential qualification, petitioner
applied for the said post through proper channel. 41 applications from
ground that due
weightage was not given to the preferential qualification of Post-Graduation
in Criminology. The selected candidates i.e. respondents ... preferential qualification and
(b) whether he was entitled to 05 marks on account of possession of higher
qualification.
10. The issue regarding preferential qualification
emptor's claim may be defeated by his losing his preferential qualification to pre-empt after the sale and 'at any time before ... rule being that a pre-emptor has to maintain his preferential qualification to the date of the adjudication of the first Court, irrespective whether
considered prior for appointment, but when a candidate
without that preferential qualification, secures higher marks as has been
assessed by the selecting authority, the said ... essential qualification which made them
eligible). Candidates possessing the basic qualification which has been treated
as a preferential qualification as mentioned in the Rules governing
that the petitioner has
to be given the benefit of the preferential qualification over and above the
basic qualification prescribed, since she is a graduate ... defence of the State to the preferential qualification is to
be seen when all things are equally placed and the petitioner having lesser
qualification. The person with such qualification
should not have been considered when there were other candidates,
who had the requisite qualification as laid down under ... have the
requisite qualification. The qualification that she had was surely an
alternative qualification if persons with preferential qualifications were
not available. Consequently, if only
basis of all other things that the person holding preferential
qualification would be selected first. Provision giving preference cannot be
used to eliminate the candidates ... recruitment where qualifications are prescribed by the
rules and then the preferential qualification is also prescribed. In this
context of legal provisions
whereby, the High court had held that a person with a preferential
qualification was entitled to be selected and appointed to a post ... preferential qualification. It was further observed by the Hon'ble Supreme
Court that by no stretch of imagination, a clause of preferential
preferential qualification,
for appointment and by prescribing a minimum cut-off percentage on the
essential qualification, rule relating to persons possessing preferential
qualification has been ... Bachelor's degree and the second would be
possessing preferential qualification. Candidates fulfilling the first and
second part of the rule cannot be eliminated
preferential qualification, for appointment and by prescribing a minimum cut-
off percentage on the essential qualification, rule relating to persons
possessing preferential qualification has been ... Bachelor's degree and the second would be
possessing preferential qualification. Candidates fulfilling the first and second
part of the rule cannot be eliminated
