Easing Educational Qualification To Prioritise Experience Can't Be Stretched To Dilute Criteria, State's Approach Anathema To Law: Gujarat HC
4 months ago

Easing Educational Qualification To Prioritise Experience Can't Be Stretched To Dilute Criteria, State's Approach Anathema To Law: Gujarat HC

Live Law  

Striking down the appointment of a District Commandant, Home Guard, in Narmada District, the Gujarat High Court observed that the appointee lacked the requisite educational qualifications. While expounding on Section 2 of the Gujarat Home Guards Act, 1947, the Court stated, “Thus, the State Government has appointed the respondent No.3, by ignoring the statutory provisions and also Clause-2 of the Guidelines dated 29.09.2018, which categorically mentions that the first preference shall be given to the candidate, whose minimum educational qualification is upto the level of graduation.” “In the present case, the appellant, who is a graduate candidate and holding a Bachelor of Commerce Degree, is not selected however, respondent No.3, who is 9th Standard, has been selected on the post of District Commandant, Home Guards. The Court also noted that for the appointment of Home Guards on honorarium basis, their educational qualification prescribed is minimum 10th Standard, as per the provisions of 3 of the Circular dated September 23, 2018. When queried by the Court, the Assistant Government Pleader defended the appointment by stating that the respondent was chosen for his prior experience as a District Commandant Home Guard, by invoking Clause-12 of the Guidelines dated September 29, 2018, which specifies that the State Government can appoint the District Commandant of Home Guards by ignoring the provisions of Section 2 of the Gujarat Home Guards Act, 1947. As the Court stated, “It is shocking to note that the Clause-12 directs that the appointment to the post of District Commandant can be made by ignoring the statutory provisions of the Gujarat Home Guards Act, 1947.” Thus, the Court set aside both the Single Judge's order and the respondent's appointment.

Court Gujarat Guidelines Home Guards State District Educational Standard Appointment Guards Qualification Provisions Home Guard Commandant Educational Qualification 9Th Standard District Commandant  appointment  district  provisions  experience  state  commandant  court  law  hc  qualification  educational  easing  guards  prioritise  states  standard  stretched  gujarat

History of this topic

Gujarat HC Dismisses Pleas By Linguistic, Religious Minority Schools Against Amendment Enabling State To Regulate Recruitment Of Teachers
2 months ago

Gujarat HC Dismisses Pleas By Linguistic, Religious Minority Schools Against Amendment Enabling State To Regulate Recruitment Of Teachers

Live Law  

The Gujarat High Court on Thursday dismissed a batch of writ petitions moved by various linguistic and religious minority schools challenging the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act which applied a centralised process of recruiting teachers and principals in such schools. Section 17 lays down the “qualifications, methods of selection and conditions of appointment, promotion …

'Training Makes A Lot Of Difference': Gujarat High Court Directs Advocate General To Establish Judicial Academy For Aspiring Lawyers
1 year, 3 months ago

'Training Makes A Lot Of Difference': Gujarat High Court Directs Advocate General To Establish Judicial Academy For Aspiring Lawyers

Live Law  

The Gujarat High Court has directed the Advocate General of the State to devise a plan for the establishment of a judicial academy aimed at training aspiring lawyers. Chief Justice Aggarwal urged the advocate general, as the most senior member of the Bar Association of Gujarat, to address this matter with the state government. She emphasized the importance of collaborative …

'Can State Be Directed to Consider Degree Holders When Recruitment Rules for Govt Post Say Only Diploma Holders Eligible? SC Issues Notice
2 years, 1 month ago

'Can State Be Directed to Consider Degree Holders When Recruitment Rules for Govt Post Say Only Diploma Holders Eligible? SC Issues Notice

Live Law  

The Supreme Court on Monday issued notice in a special leave petition against the Bombay High Court refusing to direct degree holders in civil engineering to be considered as eligible for the post of junior engineer in a government department that sought applications from candidates having a diploma in the subject or any equivalent qualification. The official respondents shall be …

Employer Is Justified In Excluding Candidates With Higher Qualification For Recruitment To A Particular Post: J&K&L High Court
3 years, 4 months ago

Employer Is Justified In Excluding Candidates With Higher Qualification For Recruitment To A Particular Post: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that any higher qualification than the one prescribed for a particular post may not be a suitable qualification and that the employer, in its wisdom, is justified in excluding candidates with higher qualification from the ambit of selection.Importantly, the Bench of Justice Sanjay Dhar and Justice Ali Mohammad Magrey …

Educational Qualifications Prescribed For Public Posts Are Not Relaxable: Kerala HC [Read Judgment]
6 years, 2 months ago

Educational Qualifications Prescribed For Public Posts Are Not Relaxable: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that educational qualifications prescribed for public posts are not relaxable unless it is clearly stated in the notification inviting applications.The bench comprising of Justice V. Chitambaresh and Justice R. Narayana Pisharadi, while setting aside an order of Central Administrative Tribunal, observed that such relaxations amounts to fraud on public in. The Kerala High Court …

Gujarat HC Quashes 5-Yr Experience Requirement For Those Working In Court, Allied Departments To Become Eligible For Judicial Service [Read Judgment]
8 years ago

Gujarat HC Quashes 5-Yr Experience Requirement For Those Working In Court, Allied Departments To Become Eligible For Judicial Service [Read Judgment]

Live Law  

The Gujarat High Court has quashed rules mandating 5 years of experience for those working in court and allied departments to become eligible to seek entry into the judicial service.The Gujarat State Judicial Service Rules prescribe that to become eligible to seek entry into the post of civil judge, a candidate must be practicing as an advocate in courts of …

Gujarat HC Quashes 5-Yr Experience Requirement For Those Working In Court, Allied Departments To Become Eligible For Judicial Service [Read Judgment]
8 years ago

Gujarat HC Quashes 5-Yr Experience Requirement For Those Working In Court, Allied Departments To Become Eligible For Judicial Service [Read Judgment]

Live Law  

The Gujarat High Court has quashed rules mandating 5 years of experience for those working in court and allied departments to become eligible to seek entry into the judicial service.The Gujarat State Judicial Service Rules prescribe that to become eligible to seek entry into the post of civil judge, a candidate must be practicing as an advocate in courts of …

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