Rajasthan Recruitment Qualification Dispute

Summary

The issue involves a change in recruitment qualifications for the MVSI post in Rajasthan, initially requiring a diploma but later including degrees. A writ appeal succeeded in excluding degree holders, but subsequent challenges and administrative affirmations support their eligibility. The Supreme Courts judgment on not changing recruitment rules mid-process unless justified is crucial. Degree holders have a strong case due to past eligibility and administrative consistency. The outcome will depend on the Division Benchs interpretation of the Supreme Courts rules of the game principle.

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In Rajasthan
****there! Could you please provide a bit more detail about your legal issue so I can give you the most relevant information for your situation?
I have a service rule realated issue under article * of indian constitution
Article * of the Indian Constitution deals with recruitment and conditions of service of persons serving the Union or a State. In Rajasthan, service rules can be modified by the state government.
Could you please specify the nature of the issue with the service rule? For example, is it about appointment, promotion, or disciplinary action?
Qualification in a recruitment, in rajasthan transport subordinate service rule *, prescribed essential qualification for MVSI post is diploma in mechanical engineering or its equivalent qualification declared by State or center government.
It seems like you're questioning the qualifications for the Motor Vehicle Subordinate Inspector (MVSI) post under the Rajasthan Transport Subordinate Service Rule *. The rule states that the essential qualification is a diploma in mechanical engineering or its equivalent as declared by the State or Central government.
To provide more specific guidance, could you clarify if your concern is about the eligibility of a particular qualification or another issue related to the recruitment process?
I advertisement which published on November * the prescribed qualification is same as in service rules, after advertisement on * December * the SSB published an office order which said higher qualification of degree is also eligible to apply.
It seems like your concern is about the change in qualification criteria after the advertisement was published.
- Under Article *, service rules can be modified, but those changes should typically be notified and justified.
- You may have grounds to challenge this change, especially if it affects your eligibility or the fairness of the recruitment process.
Would you like to know the process to file a grievance or challenge this change legally?
After this diploma holder filed a writ appeal to exclude degree holder and they succeed, after this government and degree holder filed a SAW to challenge the judgement which affects badly to degree holder, in previous recruitments degrees holder held eligible, there was a general correspondence between department secretary and Public service commission secretary in correspondence department secretary affirm the eligibility of degree holder in * in a letter, after the advertisement and result publication in april * , dop and a committee affirm the degree Holder eligibility, please analyse the chances of degree holder to succeed in division bench
Here are some key points for analysis:
- Previous Correspondence (*): Affirmed eligibility of degree holders.
- Advertisement (Nov *): Prescribed qualification was diploma.
- Office Order (Dec *): Included degrees as eligible.
- DOP and Committee (*): Reaffirmed degree holder eligibility.
Given the administrative consistency and past eligibility, degree holders may have a strong case.
Is there anything more specific you would like to understand or need help with?
Yes
It seems like you have a fairly strong case based on the administrative consistency and past eligibility of degree holders. However, the final decision will ultimately rest with the judiciary.
Is there a specific aspect of your case you would like more detailed information on, such as legal precedents or the specific process for filing an appeal?
The outcome of this litigation after the reference of recent judgement of supreme court on rules of game
The outcome will depend heavily on how the Supreme Court's recent judgment on the "rules of the game" is interpreted by the Division Bench. Here are some key points to consider:
- Supreme Court Judgment: It generally states that recruitment rules should not be changed mid-process unless justified.
- Supporting Evidence: You have administrative consistency affirming degree holder eligibility.
Would you like more information on the Supreme Court's judgment or specific case precedents?
Yes
The Supreme Court's recent judgment on the "rules of the game" principle is critical to your case. Here are some key points:
- Recruitment rules generally should not change mid-process unless justified.
- Consistency in administrative decisions supports degree holder eligibility.
Would you like to know more about specific case precedents or the process for citing this judgment in your appeal?