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2012 (1) TMI 417 - SC - Indian Laws

Issues involved:
The controversy arises from the Appellant's appointment as a Teacher for primary and upper primary schools based on the educational qualifications required for the post.

Details of the Judgment:

Issue 1: Provisional selection and cancellation of appointment
The Appellant was provisionally selected for the post of Teacher but later received a letter cancelling the selection due to not passing the Higher Secondary/Senior Secondary Examination after passing the Secondary Examination.

Issue 2: Qualification and eligibility
The Appellant completed her graduation and obtained a B. Ed. Degree and M.A. degree from recognized universities. The High Court dismissed the Appellant's case stating that not passing the Senior Secondary Examination, which is the basic qualification, makes the candidature ineligible.

Issue 3: Interpretation of equivalent qualification
The Supreme Court disagreed with the High Court's view that higher qualifications are not equivalent to passing Senior Secondary examination. The Court emphasized that the term 'equivalent' allows for flexibility without lowering the basic requirement, especially for a provisionally selected candidate.

Decision:
The Supreme Court held that the Appellant should be considered for the appointment, and the provisional selection should not be cancelled. The Court ordered the Respondent Rajasthan Public Service Commission to make a suitable recommendation within four weeks, and the State to make the appointment accordingly within the subsequent four weeks. The appeal was disposed of with no costs.

 

 

 

 

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