MP HC | Experience certificate cannot be equated with experience attained after B.Ed. degree

Madhya Pradesh High Court: This petition was filed before the Bench of Vivek Rusia, J., where petitioner was aggrieved by the order whereby her candidature for the post of Lecturer (Hearing Disabled) was rejected. 

The post was liable to be filled by direct recruitment under Rule 8 of M.P. Social Justice and Disability Welfare Directorate (Gazetted) Service Recruitment Rules, 2015. Petitioner submitted that her name was not present in the list of rejected candidates. In the interview she was at the top rank but when the final list came her name was not present. Her candidature was rejected on the ground that she was not having 2 years of teaching experience. Thus, this petition was filed. Petitioner contended that since she was permitted to appear in the interview her candidature could not have been cancelled on the ground of not being qualified. Whereas respondent contended that as per the information provided by the petitioner she was not fulfilling the criteria of teaching experience.

High Court was of the view that if by any reason or oversight a candidate who is not eligible is permitted to participate in the selection process it cannot be said to be the intention of the legislature. Petitioner before attaining the requisite degree had undergone the training as a primary school teacher for visually handicapped and on the basis of this certificate she had claimed experience of teaching which is not recognized as one of the educational qualifications under the recruitment rules and is purely under the discretion of respondent. Thus, the certificate cannot be equated with experience attained after B.Ed. degree. Therefore, this petition was dismissed. [Priti Soni v. State of M.P., 2019 SCC OnLine MP 358, dated 14-02-2019]

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