Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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3. Submission of Smt. Sandhya Jamadagni, learned counsel for the petitioners is that petitioners
had possessed a Diploma in a course of this nature conducted by Kawa Global University at Raipur
which was a recognized University under Ministry of Human Resources Development of the Central
Government and if so, the persons like petitioners would not have been kept out or denied even an
opportunity to write the examination; that the action on the part of the respondents is violative of Art.
16 and therefore necessary writ should be issued to accord an opportunity to the petitioners also to
write the examination and to take their chances thereof.
4. Respondents have entered appearance. The first respondent – Government of Karnataka is
represented by the Government Pleader who has not filed any statement of objections and the second
respondent is represented by Sri. Narayana Swamy, who also filed statement of objections interalia
indicating that the petitioners obviously did not qualify for taking the examination as the qualification or
the Diploma which was possessed was not in terms of the notification as notified at Ann.A and therefore
KPSC was justified in not permitting the petitioners to write the examination.
5. On the face of it, petitioners do not have the qualification as is required under the notification.
However what is submitted by the learned counsel for the petitioner is that the qualification which the
petitioners have is if not better, at least on par with the qualification as indicated in the notification and
if so, petitioners could not have been denied an opportunity etc.
6. The question as to what can constitute the necessary qualification for filing up the post and
candidates possessing Diplomas from which particular university are required, is a matter for evaluation
by the appointing/recruiting authority and not a matter for evaluation by this Court. If in such an
evaluation, if the respondents have acted in a discriminatory manner, then alone the matter calls for
interference and no such case has been made out either for quashing the endorsement or for further
direction to be issued.
7. It is open to the petitioners to bring it to the notice of the concerned authorities who prescribe
the qualifications and if the concerned authorities are satisfied with the equivalent qualifications, then it
is open to them to so consider it to be so and to ensure that in future employment opportunities, such
persons with equivalent qualifications are also be accorded opportunities.
Writ petition dismissed.
Karnataka PSC
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