Constitutional law - Litigating Hand

Prashant Kumar Jaiswal and Ors. vs. State of U.P. and Ors. [MANU/UP/4124/2017]: Allahabad High Court

What are the quintessential or indisputable elements of “equal opportunity”?

61. The validity of the submission of the respondents that any certificate irrespective of whether issued by a recognised body or not can be tested from another angle also. But before the Court proceeds to undertake this enquiry, it would be apposite to pose the following question- What are the quintessential or indisputable elements of “equal opportunity”?

62. Equal opportunity in matters of public employment or service would necessarily and on a fundamental plane envisage a level playing field, a known and recognised eligibility criteria, the prescription of a standardised educational qualification, a fair and transparent selection process. Both eligibility criteria and standardised educational qualification would entail the prescription of a recognised minimum educational qualification and if thought appropriate the acceptance of a qualification equivalent thereto. If the above factors be the intrinsic features of the right of “equal opportunity”, it cannot possibly contemplate the acceptance of an unrecognised qualification or degree/diploma/certificate. An unrecognised qualification or a certificate of such a qualification cannot confer upon the holder thereof acceptability or legitimacy. A qualification conferred by a body which is neither authorised nor recognised either in law or by an established procedure cannot be considered an acceptable qualification. It would be wholly unfair to place the holder of a recognised qualification on the same pedestal as one who does not possess one. There could possibly be no greater evidence of invidious discrimination.

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