Dismissed

Rajendra Prasad Jaiswal v. State of U.P. and 12 Others

Allahabad HC26 Oct 2018WRIA/22978/2018

Case brief

AI extract

What is this about?

It was held that the petitioner, who held a diploma, lacks qualifications for the higher Rs. 70,000 monthly stipend. The court refused to alter eligibility criteria or evaluate course equivalency, observing the matter fell within the respondents' expertise. The writ petition was dismissed.

What did the court decide?

The petition seeking direction to include Post Graduate Diploma for Rs. 70,000 stipend was dismissed.

Rajendra Prasad Jaiswal Vs State of U.P. and 12… — Service and Employment | Allahabad HC (2018)

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Court No. - 6

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Case :- WRIT - A No. - 22978 of 2018

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Petitioner :- Rajendra Prasad Jaiswal Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Abhay Raj Yadav Counsel for Respondent :- C.S.C.,A.S.G.I.

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel.

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This writ petition seeks the following reliefs:-

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"I. Issue a writ order or direction in the nature of mandamus commanding the respondents to include the Post Graduate Diploma in Hospital and Health Management (PGDHHM) in eligibility criteria consider the Diploma certificate for appointment on the post of District Program Coordinator for stipend Rs. 70, 000/- per month.

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II. Issue a writ order or direction in the nature of mandamus commanding the respondent No.2 to decide the representation of the petitioner within stipulated period of time."

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Undisputedly the petitioner does not hold the qualifications which are prescribed by the respondents and which entitle the appointed candidate to a stipend of Rs. 70,000/- per month. The qualifications which are prescribed by the respondents read thus:-

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"2- Rs. 70,000 per month to the candidates having qualification of MBBS/BHMS/BAMS/BUMS/BDS/ with full time regular university degree of MBA in Healthcare or Master of Health/Hospital Administration or Master of Public Health and having at least 5 years of experience. "

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The petitioner is admittedly a diploma holder and does not posses the qualifications extracted hereinabove. It is in that context that he has now prayed that a Post Graduate Diploma in Hospital and Health Management be included in the eligibility criterion and thus enable the petitioner also to draw a stipend of Rs. 70,000/- per month. Learned counsel for the petitioner candidly admits that the distinction between the stipend given to the diploma and degree holders was known to the petitioner from the very outset. It has also come on the record that the

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petitioner has accepted the appointment on the post carrying a stipend of Rs. 50,000/- per month. Clearly, therefore, it is not open for the petitioner now to seek the relief as claimed. Additionally the Court notes that the prescription of a qualification for a particular post is essentially a function of the respondents and falls within the domain of their expertise and it is not for this Court in exercise of jurisdiction under Article 226 of the Constitution to evaluate the equivalency of courses and degrees.

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On an overall consideration of the aforesaid, this writ petition lacks merit and is dismissed.

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Order Date :- 26.10.2018 faraz

Rajendra Prasad Jaiswal v. State of U.P. and 12 Others

Case brief

What is this about?

What did the court decide?

Rajendra Prasad Jaiswal v. State of U.P. and 12 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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