Dismissed

Banwari Lal v. the Urban Development Housing

Rajasthan HC4 Mar 2010CW/2983/2010

Case brief

AI extract

What is this about?

The petitioner, a Diploma holder in Civil, challenged an advertisement for Junior Engineer posts requiring a Degree or AMIE, claiming eligibility with his Diploma. The High Court dismissed the writ petition, holding that Diploma holders do not meet the mandatory qualification and the selection process was lawful.

What did the court decide?

The writ petition is dismissed as it finds no substance; the selection process is upheld.

Banwari Lal Vs the Urban Development Housing — Service and Employment | Rajasthan HC (2010)

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CWP 2961/2010

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[1]

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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SB Civil Writ Petition No.2983/2010 Banwari Lal Vs.

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The Urban Development & Housing Department

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DATE OF ORDER : 04/03/2010

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HON'BLE MR. JUSTICE AJAY RASTOGI

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Mr. RK Chauhan, for petitioner.

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The petitioner, who is holder of Diploma (Civil), is aggrieved by the advertisement dated 10/02/2010 issued by the respondents initiating selection for the post of Junior Engineer. In terms of advertisement, those, who are Degree Holders with 60% or AMIE with 55% aggregate, are considered to be eligible to participate in the process.

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Counsel submits that the petitioner is a Diploma holder (Civil) and Diploma holders are also eligible for the post of Junior Engineer, as such, they have a right to participate in the selection process initiated by the respondents.

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The submission made is without merit for the reason that the post of Junior Engineer has been advertised with minimum academic qualification of Degree in the concerned subject with 60% of marks or AMIE with 55 aggregate marks. The petitioner indisputably is not holding the qualification which is a condition pre-requisite to participate and merely because he is holding the

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CWP 2961/2010

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[2]

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qualification of Diploma (Civil) will not make him eligible to participate and the action of the respondents cannot be said to be arbitrary or in violation of the Rules.

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Consequently, this Court finds no substance in the writ petition and it is accordingly dismissed.

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[AJAY RASTOGI], J.

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Raghu-2983-CW-2010-final-pro.sus.doc

Banwari Lal v. the Urban Development Housing

Case brief

What is this about?

What did the court decide?

Banwari Lal v. the Urban Development Housing

Case brief

What is this about?

What did the court decide?

What the court decided

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