Gujarat High Court
Samirkumar Bhupendrabhai Pandya vs State Of Gujarat on 7 January, 2022
Bench: A.S. Supehia
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14705 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA Sd/-
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ? NO
2 To be referred to the Reporter or not ? YES
3 Whether their Lordships wish to see the fair copy
of the judgment ? NO
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution NO
of India or any order made thereunder ?
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SAMIRKUMAR BHUPENDRABHAI PANDYA & 4 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
Appearance:
MR DARSHAN DAVE FOR HL PATEL ADVOCATES(2034) for the
Petitioner(s) No. 1,3,4,5
PETITION WITHDRAWN/DISMISSED(73) for the Petitioner(s) No. 2
MR HARDIK MEHTA, AGP(1) for the Respondent(s) No. 1
MR CHAITANYA S JOSHI(5927) for the Respondent(s) No. 2
MR.AKASH J PANDYA(7206) for the Respondent(s) No. 3,4,5,6,7,8
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 07/01/2022
ORAL JUDGMENT
1. At the outset, the learned advocate for the
petitioners has submitted that this petition is
withdrawn apropos the petitioner No.2.
2. Issue RULE. Learned Advocates appearing for
the respective parties waive service of notice of
Rule.
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
3. The present petition has been filed seeking
quashing and setting aside the amended
advertisement dated 08.06.2018 and also the list of
eligible candidates, who were called for the
interview on 15.12.2018. Further a direction is
sought directing the respondents to consider the
case of the petitioners for appointment to the post
of Assistant Professor GES, Class-II in the subject
of Statistics in the Government Arts, Science and
Commerce Colleges ignoring the amended
advertisement dated 08.06.2018.
BRIEF FACTS:
3.1 The respondent No.2-GPSC by way of a public
advertisement bearing No.87/2016-17 issued in the
newspaper as well as on its website in the month of
November, 2016 invited applications for the post of
Assistant Professors of Statistics subject in
Government Arts, Commerce, Science colleges in the
State of Gujarat. The respondent No.2, by way of
amendment dated 25.11.2016, clarified that in the
subjects, in which the exams like NET, SLET are not
being conducted with regard to the percentage of
NET, SLET, PHD, the applicant shall mention "0" in
the column of percentile/ percentage in the
application form. The respondents, thereafter
conducted entrance examination on 02.04.2017 for
the aforesaid post and also issued the call
letters. On 02.08.2017, the petitioners appeared
and were declared successful in the examination. On
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
08.06.2018, the respondent No.2 published a further
advertisement clarifying earlier advertisement
being No.82/16-17 with respect to Assistant
Professor GES, Class-II having degrees in the
subject of Accountancy and Statistics. As per the
decision taken by the Education Department, the
subjects in which the NET/SLET/SET are not being
conducted, the minimum qualifications of degree of
Ph.D. was prescribed. So far as subjects of
Accountancy/ Statistics are concerned, the
University Grants Commission (UGC) does not conduct
NET/SLET/SET.
3.2 On 08.08.2018, respondent No.2 declared the
list of ineligible candidates. The names of the
petitioners were not included since they had
obtained Ph.D. degree after the commencement of the
recruitment process. So far petitioner No.5 is
concerned he is not having Ph.D. degree. On
13.08.2018, the respondent No.2 declared the list
of eligible candidates. The eligible candidates, as
mentioned in the provisional list dated 13.08.2018
were called upon on 28.08.2018 for further scrutiny
and verification of documents.
3.3 On 05.09.2018, the petitioners filed the
captioned writ petition challenging the amended
advertisement dated 08.06.2018 and the list of
candidates dated 08.08.2018 and the provisional
list (second) of eligible candidates dated
13.08.2018. On 24.09.2018, a notice was issued by
this Court granting liberty to the petitioners to
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
file interim application seeking appropriate orders
if the interviews are scheduled. The petitioners
requested for interim order as interviews were
scheduled on 02.01.2019 and hence, on 26.12.2018
this Court passed an order permitting the
petitioners to sit in the interview with a
condition that the results of the petitioners shall
be kept in a sealed cover subject to further order.
The respondent No.2 preferred Letters Patent Appeal
No.170 of 2019 challenging the interim order
however, the same came to be withdrawn. Thereafter,
respondent No.2-GPSC preferred Civil Application
No.1 of 2019 in the present petition for vacating
interim relief, the same was dismissed. Thereafter,
the interviews were conducted on 13.09.2021 after
almost three years of the previously scheduled date
i.e. 02.01.2019. On 03.12.2021, the sealed cover of
results was opened in this Court, wherein it was
found that the petitioner Nos.1 and 3 to 5 are
having more weightage marks than the private
respondents.
SUBMISSIONS:
4. Learned advocate Mr.Darshan Dave appearing for
the petitioners has submitted that as per the
recruitment rules, Ph.D. degree is not prescribed
as a necessary qualification for the post of
Assistant Professor GES, Class-II, hence, the
respondent should have appointed the petitioners on
the aforesaid post on the basis of Masters degree.
He has submitted that the advertisement for the
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
post in question was issued in the month of
November, 2016, where there is no reference or
requirement of Ph.D. Degree for the post of
Assistant Professor GES, Class-II in the Statistics
subject and subsequent change in such requirement
of educational qualification by the amended
advertisement is illegal. He has submitted that in
the earlier recruitment process, which was held in
2011, the respondent No.2 has successfully
conducted the process of appointment for the post
of Assistant Professor GES, Class-II in the
Statistics subject, without the requirement of
Ph.D. Degree. It is submitted that after the
applications of the petitioners were accepted and
written examinations were conducted and declaration
of the list of eligible candidates, the respondent
authorities could not have treated the petitioners
as ineligible specifically on the ground of
educational qualification. It is submitted that the
petitioner Nos.1 to 4 have cleared the Ph.D. before
appearing in the interview on 13.09.2021, hence,
they should have been offered appointments.
4.1 In support of his submissions, learned
advocate for the petitioners has placed reliance on
the judgement of the Coordinate Bench of this Court
in the case of Rami Gaurangkumar Yagneshkumar Vs.
State of Gujarat and Ors., (2021) 3 G.L.H. 529 and
on the order dated 02.12.2021 passed in the case of
Ramanbhai Gopalbhai Patel Vs. State of Gujarat and
Anr. in Special Civil Application No.2526 of 2012.
He has submitted that the impugned decision of the
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
respondent authorities of introducing the
requirement of Ph.D. Degree for the Statistics
subject is illegal as there is no NET/SET/SLET
conducted in the subject. Reliance is also placed
on the judgments of the Apex Court in the cases of
K. Manjushree vs. State of Andhra Pradesh, 2008 (3)
S.C.C. 512 and Tej Pratap Pathak Vs. Rajasthan
High Court, 2013 (4) S.C.C. 540. Thus, he has
submitted that the selection of the private
respondents may be set aside and the impugned
amended advertisement dated 08.06.2018 is also
required to set aside. No further submission is
advanced.
5. In response to the aforesaid submissions,
learned advocate Mr.Joshi appearing for the
respondent No.2-GPSC has submitted that the
applications of the petitioners were received by
the concerned respondent for the post of Assistant
Professor GES, Class-II of Statistics subject and
after completion of the preliminary examination,
the respondent No.2, on 02.08.2017, published the
list of candidates, who were to be called for the
oral interview. While referring to the clauses of
the advertisement, he has submitted that two
qualifications are prescribed therein, (i)
candidate should possess masters degree; and (ii)
candidate should have cleared the National
Eligibility Test (NET) or State Level Eligibility
Test (SLET) and further requirement, which is
stipulated in the Proviso is that the candidates,
who are having Ph.D. degree in accordance with
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
University Grants Commission (Minimum Standards and
Procedure for award of Ph.D. Degree) Regulation,
2009, are exempted from the requirement of clearing
the examination of NET/SLET. He has submitted that
further Proviso also mentions that NET/SLET/SET
shall not be required in respect of such subjects,
for which such examination is not conducted. It is
submitted by him that since there was some
clarifications required in this regard the
respondent No.2, vide communication dated
15.02.2018, sought clarification from the Education
Department as to whether the Ph.D. Degree should be
considered as minimum qualification for the post of
Assistant Professor GES, Class-II in Government
Arts, Commerce and Science Colleges in subjects,
where NET/SET/SLET is not being conducted. He has
submitted that in response to the said
clarification, the Education Department, vide its
letter dated 12.04.2018 clarified that in cases,
where NET/SET/SLET is not being conducted, the
Ph.D. Degree in the concerned subject should be
considered as minimum necessary educational
qualification. Accordingly, he has submitted that
again a clarification was received by the
respondent No.2 from the Education Department
stating that one meeting was organized on
22.06.2018, which was headed by the Principal
Secretary (Higher and Technical Education), and it
was decided that only those candidates having
NET/SLET/SET in Mathematical Science will be held
eligible for the said post in Maths and Statistics
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
subjects and further Ph.D. in Accountancy or
Commerce and M.Com. (Master Degree) in Accountancy/
Commerce will be held eligible for the post of
Assistant Professor GES, Class-II. It is submitted
that after receipt of such clarification from the
respondent-State, the respondent No.2 declared the
list of candidates, who were to be called for the
oral interview, after undertaking necessary
scrutiny of documents, wherein the names of the
petitioners were not shown as they do not possess
the requisite qualification as prescribed by the
respondent No.2. It is further submitted that the
candidatures of the petitioners have been rightly
rejected by the respondent No.2 in light of the
prescribed educational qualification. The
petitioner Nos.2, 3 and 4 possess the Ph.D. Degree,
petitioner No.5 does not possess the degree in the
concerned subject and petitioner No.1 has obtained
the degree, after the advertisement and as per the
clause 4(1) of the advertisement, such degree
should have been obtained in the year 2016, when
the application forms were submitted.
5.1 While referring to the clarification dated
08.06.2018 issued by the respondent-GPSC, learned
advocate Mr.Joshi has submitted that the same does
not in any manner reveal that the candidate, who
possesses the Ph.D. Degree as on the date of
interview will be considered for the appointment to
the post of Assistant Professor GES, Class-II. It
is further submitted that on the contrary, it is
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
stated that the candidates, who possess the Ph.D.
Degree shall remain present with the documentary
evidence on the date of interview, and the same
shall be submitted on or before 20.06.2018. Thus,
he has submitted that in wake of the undisputed
fact that the petitioners do not possess Ph.D.
Degree on the last date of submissions of the
application, the writ petition may not be
entertained. Learned advocate Mr.Joshi has
submitted that if the clarificatory advertisement
is quashed and set aside, a large number of
candidates, who did not apply in the recruitment
process would be directly affected and hence, writ
petition may not be entertained.
6. Learned advocate Mr.Akash Pandya appearing for
the private respondent Nos.3 to 8 has adopted the
submissions advanced by the learned advocate
Mr.Joshi for the respondent No.2.
OPINION:
7. Heard the learned advocates for the respective
parties to the lis and also perused the documents
as pointed out by them.
8. The petitioner Nos.1 to 4 are having Ph.D.
Degree. Petitioner No.1-Samirkumar Bhupendrabhai
Pandya has obtained Ph.D. Degree on 24.10.2019,
petitioner No.2-Dharakkumar Satishbhai Patel has
obtained Ph.D. degree on 14.03.2018, petitioner
No.3-Nirupama Ravilal Thacker has obtained Ph.D.
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
Degree on 21.05.2018 and petitioner No.4-Rutulkumar
Trikambhai Sutariya has obtained Ph.D. Degree on
09.06.2021, whereas the rest of the petitioner i.e.
petitioner No.5-Ranjit Rambalibhai Sinh is not
having Ph.D, Degree. Interviews were conducted on
13.09.2021. The last date of submission of the
application was 30.11.2016. Keeping the aforesaid
dates in mind, the issue raised in the writ
petition is required to be addressed.
9. Clause 4(1) of the advertisement, which was
issued in the month of November, 2016, inter alia
stipulates the educational qualification. The same
mentions that the candidates shall possess the
requisite educational qualification on the last
date of acceptance of the application i.e.
30.11.2016. Thus, all the petitioners have obtained
the Ph.D. degree after the cut-off date. All the
petitioners have applied for the post of Assistant
Professor GES, Class-II. Paragraph No.2 of the
advertisement mentions about educational
qualification. The first part refers to possessing
of Masters degree with at least 55%. The aforesaid
criterion is not disputed as all the petitioners
possess Masters degree with 55%. Sub-para (b) of
paragraph No.2 of the advertisement reads as under:
"(2)(b) Have cleared the National Eligibility Test
(NET)/State Level Eligibility Test (SLET) for
recruitment and appointment of Assistant Professor in
colleges being conducted by the University Grants
Commission, Council of Scientific and Industrial
Research or such similar tests like State Level
Eligibility Test (SLET)/State Eligibility Test (SET)
accredited by the University Grants Commission.
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
Provided that candidates who are or have been awarded
Ph.D degree in accordance with the University Grants
Commission (minimum Standards and Procedure for Award
of Ph.D. Degree) Regulation, 2009, shall be exempted
from the requirement of clearing of NET/SLET for
recruitment and appointment of Assistant Professor or
equivalent position in Colleges;
Provided further that NET/SLET/SET shall not be
required for in respect of such subject for which
NET/SLET/SET is not conducted."
10. A plain and simple reading of the provision of
the advertisement stipulates that the candidates
should have cleared NET/SLET/SET. The candidates,
who possess Ph.D. Degree are exempted from
appearing in the NET/SLET/SET examination. Thus,
the advertisement mandates that the candidates, who
apply for the post of Assistant Professor shall
possess Ph.D. Degree, which is awarded in
accordance of University Grant Commission (minimum
Standards and Procedure for Award of Ph.D. Degree)
Regulation, 2009 shall be exempted from NET/SLET/
SET. Further, Proviso also clarifies that in the
subjects in which NET/SLET/SET is not conducted,
the same are exempted from NET/SLET/SET. There is
no proviso mentioned in the advertisement that the
candidates, who do not possess Ph.D. Degree, will
be considered eligible for the post on the basis of
Masters Degree. It appears that after preliminary
examination, a clarification was sought by the
respondent No.2 from the State Education Department
vide communication dated 15.02.2018 as to whether
the Ph.D. degree should be considered as minimum
qualification in those subjects in which
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
NET/SLET/SET examination is not conducted. The
Education Department, vide communication dated
12.04.2018 has clarified that subjects in which
NET/SLET/SET is not held, in those cases, minimum
qualification of Ph.D. Degree shall be considered.
Accordingly, a clarificatory advertisement was
issued on 08.06.2018 by the respondent-GPSC. The
relevant extract of the said advertisement, which
is necessary for deciding the issue, reads as
under:
"While conducting NET/ SLET/ SET exams, the UGC does
not conduct any exam of Accountancy/ Statistic as a
separate subject. Because of this reason, the
candidates applying with regard to the stated
advertisement do not possess a certificate as to
passing Accountancy/ Statistic subject in NET/ SLET/
SET. Further, their Ph.D. Degree certificate read
their stream as 'Commerce'. For considering such
candidates eligible for the interview, with a view to
prove that they possess a degree in the given subject
(Accountancy/ Statistic)/ Stream in context of the
posts advertised vide Advertisement No. 82/ 2016-17 -
Accountancy and Advertisement no. 87/ 2016-17 -
Statistic of Assistant Professor, Class-II, it is
being informed that the candidates may, invariably,
produce their Ph.D. Certificates, regarding the title
of their Ph.D. Thesis, bearing the signatures and
common seal of Faculty Dean and the Registrar of the
University (a sample format enclosed) and any other
relevant evidence latest by the office hours on
20/06/2018. Any representation thereafter in this
regard shall not be taken into consideration under
any circumstances."
11. A perusal of the clarificatory advertisement
reveals that the respondent-GPSC has only clarified
that the candidates, who are possessing Ph.D.
Degree shall supply or provide their documentary
evidence in this regard on the date of interview
and such documents shall be supplied on or before
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
20.06.2018. There is no provision stipulated in the
clarificatory advertisement that the Ph.D. Degree
obtained after issuance of advertisement shall be
considered as eligible and any candidate like the
petitioner Nos.1 to 4, who have obtained Ph.D,
after issuance of the advertisement shall be
qualified for the selection to the post of
Assistant Professor. As noted hereinabove, the
Clause 4(1) of the advertisement specifically
stipulates that the candidates shall possess the
requisite educational qualification on the last
date of acceptance of the application. The
aforesaid clause has not been altered in the
clarificatory advertisement. Thus, the requisite
educational qualifications in all the categories
are governed by Clause 4(1) of the advertisement.
The petitioners have not challenged the aforesaid
clause, and they are governed by the same. Thus, it
was mandatory for the petitioners to possess the
Ph.D. degree on the last date of their acceptance
of their applications. Merely, because their
applications are accepted by the respondent-GPSC,
the acceptance cannot dilute the requirements of
the advertisement. The GPSC in clarificatory
advertisement has only clarified that in those
subjects like Statistics/ Accountancy, wherein no
NET/SLET/SET examination is conducted, then the
Ph.D. degree is prescribed as minimum
qualification. The clarificatory advertisement does
not introduce any new qualification of Ph.D.
degree, since the same was already prescribed in
C/SCA/14705/2018 JUDGMENT DATED: 07/01/2022
the main advertisement. Hence, the petitioners, who
have subsequently procured the Ph.D. degree cannot
be considered for the appointment.
12. It appears that the petitioners have
misconstrued the aforesaid advertisement and have
challenged the aforesaid advertisement on the
ground that such criteria is introduced after
issuance of the advertisement. Such submission and
contention is misconceived since the advertisement
already contains the clause specifying the
educational qualification with regard to
NET/SLET/SET and Ph.D. Degree. The applications of
all the petitioners were accepted and they were
allowed to undertake the selection process only
because the respondent No.2 has sought opinion of
the State Education Department with regard to
considering the educational qualification in the
subjects, where NET/SLET/SET has not been
conducted. After obtaining such clarification/
opinion of the State Government, the respondent
No.2 has issued the clarificatory advertisement.
Thus, merely because the petitioners were permitted
to undergo the recruitment process, they would have
no right to claim their appointments only because
they have obtained Ph.D. Degree subsequently.
13. In the alternative, the petitioners are also
claiming their case to be considered for the post
of Assistant Professor GES, Class-II on the basis
of their having Masters degree. The petitioners
have also placed reliance on the rules governing
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the appointment of the post of Assistant Professor
GES, Class-II promulgated vide Notification dated
19.03.2011. The rules introduced with the aforesaid
Notification are "Assistant Professor GES, Class-II
in the Gujarat Arts, Commerce and Science Colleges
in Gujarat Educational Services, Class-II,
Recruitment Rules, 2011". The relevant rules are
incorporated as under:
1.These rules may be called the Assistant Professor
in the Government Arts, Science and Commerce Colleges
in Gujarat Educational Service, Class II, Recruitment
Rules, 2011.
2.Appointment to the post of Assistant Professor in the
Government Arts, Science and Commerce Colleges in
Gujarat Educational Service, Class II, shall be made by
direct selection.
3.To be eligible for appointment by direct selection to
the post mentioned in rule 2, a candidate shall-
(a) not be more than 30 years of age:
Provided that the upper age limit may be
relaxed in favour of a candidate who is already
in the service of the Government of Gujarat in
accordance with the provisions of the Gujarat
civil Services Classification and Recruitment
(General) Rules, 1967.
(b) possess a post graduate degree with atleast
55% of the marks or at least its equivalent
grade of B in the seven point scale with letter
grades O, A, B, C, D, E and F at the master
degree level in relevant subject of any of the
Universities established or incorporated by or
under the Central or State Act in India or any
other educational institution recognised by the
Government or declared deemed to be a University
under section 3 of the University Grants
Commission Act, 1956, or possess an equivalent
degree from an accredited foreign University or
possess an equivalent qualification recognized
as such by the Government.
Provided that the requirement of 55% marks at
the post graduate degree may be relaxed to 50%
in respect for the candidate belonging to
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Scheduled Castes and Scheduled Tribes and
different disabled (physically and visually
different abled) categories. Such relaxation
shall be permissible only on consideration of
the qualifying marks:
Provided further that such relaxation shall be
available to the candidate, who have completed
their Ph.D. degree and have obtained Master's
degree prior to the 19th September, 1991.
(c) have cleared the National Eligibility Test
(NET)/State Level Eligibility Test (SLET) for
recruitment and appointment of Assistant
Professor in colleges being conducted by the
University Grants Commission, Council of
Scientific and Industrial Research or such
similar tests like State Level Eligibility Test
(SLET)/State Eligibility Test (SET) accredited
by the University Grants Commission.
Provided that candidates who are or have been
awarded Ph.D degree in accordance with the
University Grants Commission (minimum Standards
and Procedure for Award of Ph.D. Degree)
Regulation, 2009, shall be exempted from the
requirement of clearing of NET/SLET for
recruitment and appointment of Assistant
Professor or equivalent position in Colleges;
Provided further that NET/SLET/SET shall not be
required for in respect of such subject for
which NET/SLET/SET is not conducted."
14. The afore-noted statutory rules do not in any
manner instruct that the appointment to the post of
Assistant Professor GES, Class-II can be made only
on the basis of Masters degree de hors the
eligibility of NET/SLET/SET or Ph.D. Degree. The
exemption to NET/SLET/SET is only conferred in
those subjects in which the same is not conducted.
The rules indubitably prescribe that the
appointments to the post of Assistant Professor
GES, Class-II are to be made on the basis of
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NET/SLET/SET and in absence of NET/SLET/SET, it has
to be Ph.D. Degree. Thus, both the advertisement
and the statutory rules, prescribe the holding of
Ph.D. Degree as a necessary qualification for the
appointment to the post of Assistant Professor,
GES, Class-II.
15. Learned advocate for the petitioners has also
placed reliance on the specific clarification
issued on 18.05.2013 with regard to earlier
recruitment. A perusal of the aforesaid
clarification more particularly, item No.4, which
pertains to Statistic subject, discloses that it is
only clarified that there is no requirement of NET/
SLET in those subjects, for which such examination
is not held. Even otherwise, the petitioners cannot
claim any parity on the former recruitment process,
since they are governed by the recruitment process
in which they have participated. Having
participated they cannot claim any relaxation which
is conferred in previous recruitment process.
16. The petitioners have placed reliance of the
judgment of the Division Bench of this Court in
case of Rami Gaurangkumar Yagneshkumar (supra) and
on the order dated 02.12.2021 passed in the case of
Ramanbhai Gopalbhai Patel (supra). The judgements,
upon which the reliance is placed will not rescue
the petitioners since a bare perusal of the
judgements reveals that the same will not govern
the issue of the writ petition since in the present
case, a specific clause has been stipulated in the
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advertisement with regard to fulfillment of the
educational qualification as on the last date of
submitting the applications for the post of
Assistant Professor GES, Class-II which is
30.11.2016. In cases of Tej Pratap Pathak and
K.Manjushree (supra), the issue before the Apex
Court was that whether the criteria for selection
can be altered in middle of process of selection.
The Apex Court in the case of Tej Pratap Pathak
(supra) has referred the issue to the Larger Bench.
In the present case, the aforementioned facts
suggest that the respondent-GPSC has not altered
the selection criteria in the midst of the
selection, but the issue pertains to clarification
with regard to fixation of qualification of Ph.D.
degree in those subjects in which the examination
of NET/ SLET/SET is not held. The issue with regard
to the alteration of selection criteria in the
midst of selection process is totally absent.
Hence, the reliance placed on the aforesaid
judgments is misconceived.
17. While examining the similar issue, the Supreme
Court after survey of various judgement in the case
of Rakesh Kumar Sharma Vs. Government of NCT of
Delhi and Ors., 2013 11 S.C.C. 58, has held thus:
"There can be no dispute to the settled legal proposition
that the selection process commences on the date when ap-
plications are invited. Any person eligible on the last
date of submission of the application has a right to be
considered against the said vacancy provided he fulfills
the requisite qualification".
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The Supreme Court has further held that
" ... ... ... The legal proposition that emerges from the
settled position of law as enumerated above is that the
result of the examination does not relate back to the
date of examination. A person would possess qualification
only on the date of declaration of the result. Thus, in
view of the above, no exception can be taken to the judg-
ment of the High Court. It also needs to be noted that
like the present Appellant there could be large number of
candidates who were not eligible as per the requirement
of rules/advertisement since they did not possess the re-
quired eligibility on the last date of submission of the
application forms. Granting any benefit to the Appellant
would be violative of the doctrine of equality, a back-
bone of the fundamental rights under our Constitution. A
large number of such candidates may not have applied con-
sidering themselves to be ineligible adhering to the
statutory rules and the terms of the advertisement. There
is no obligation on the court to protect an illegal ap-
pointment. Extraordinary power of the court should be
used only in an appropriate case to advance the cause of
justice and not to defeat the rights of others or create
arbitrariness."
Thus, it is well settled principle of law that
the qualifications or eligibility of the candidate
is to be considered on the last date of filing of
the application. It is also held that granting of
any benefit at subsequent stage will be violative
of doctrine of equality as large number of
candidates may not have applied considering
themselves as ineligible adhering to the statutory
rules and the terms of advertisement.
18. In wake of the explicit clause stipulated in
the advertisement, it was mandatory for the
candidates to satisfy the requisite educational
qualification on the last date of acceptance of
their applications. Unquestionably, in the present
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case, four petitioners have obtained their Ph.D.
Degree after submissions of their applications, and
petitioner no.5 is only having Masters degree.
19. After the judgement was dictated, learned
advocate Mr.Dave requests for stay of the present
order.
20. Request for stay is denied, in light of the
aforesaid observations, and in wake of the fact
that the private respondents have already been
selected and their names are already recommended
for appointment to the posts of Assistant Professor
GES, Class-II and any further delay will directly
affect their appointments and entire service.
21. The writ petition fails. RULE discharged.
Interim relief if any stands vacated. There shall
be no order as to costs.
Sd/- .
(A. S. SUPEHIA, J)
NVMEWADA
