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.
It’s amazing to visit this website and reading the views of all colleagues regarding this piece of
writing, while I am also keen of getting familiarity.