The date of acquisition of the academic qualification is the date of declaration of the result in which the candidate succeeds and not on the date of issue of degree/Diploma certificates.

JUDGMENT :

1. Sri G.V.Shivaji, learned counsel for the petitioners had concluded his arguments on 08.04.2020. Today learned Government Pleader for Services-I has concluded his arguments and Ms. K.S.G.Padmavathi, learned counsel representing Sri G.V.Shivaji, has been heard in reply submissions.

2. This Writ Petition under Article 226 of the Constitution of India has been filed for the following relief :-

“It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of the respondents, in not considering the candidature of the petitioners, for the post of Village Horticulture Assistant, notified in Notification No. 1/Horti/2020, dated 10.01.2020, while allowing other candidates possessing B.Sc. (Agriculture) vide Government Memo No.AGCO1-HORT/63/2020-HS1, dated 01.05.2020, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and pass such other order or orders may deem fit and proper in the circumstances of the case.

It is further prayed that this Hon’ble Court may be pleased to direct the respondents to permit the petitioners for Written Examination scheduled on 25.09.2020 for the post of Village Horticulture Assistant, notified in Notification No.01/Horti/2020, dated 10.01.2020 by issuing Hall Tickets, pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. According to the petitioners, the respondents issued a notification No.01/Horti/2020, dated 10.01.2020 inviting applications from eligible candidates for the post of Village Horticulture Assistants (General Recruitment).

4. As per Para No.3 of the notification, the required educational qualifications for the eligibility was as under:-

“PARA-3: EDUCATIONAL QUALIFICATIONS:-

A candidate shall possess the academic qualifications for the post on the date of the notification.

The candidates having either of the following qualifications are eligible for the post of Village Horticulture Assistant.

1) Must possess 4 years B.Sc Horticulture/B.Sc (Hons.) Horticulture/B.Tech. Horticulture from any University accredited by the Indian Council of Agricultural Research (ICAR), Ministry of Agriculture and Farmers Welfare, Govt., of India, New Delhi (or) any University recognized in the State.

2) Must possess 2 years Diploma in Horticulture (from Dr. YSRHU/ANGRAU recognized).”

5. It is contended by the learned counsels for the petitioners that the petitioner possessed the academic qualification of Two years Diploma in Horticulture from ANGRAU University. The Diploma course was completed in the month of December 2019. The certificates could not be received by the petitioners by the time of applying for the post. As the last date for submission of online application was 31.01.2020, the petitioners made their applications, in time. The result was declared on 06.01.2020 and as such on the date of the notification i.e. 10.01.2020, the petitioners possessed the academic qualification of Two Years Diploma in Horticulture.

6. Sri N. Ashwartha Narayana, learned Government Pleader for Services-I submits that on the date of notification, the Diploma was not issued to the petitioners and as such it cannot be said that the petitioners acquired the requisite academic qualification on the date of the notification. He submits that mere completion of the course in the month of December 2019 would not make the petitioners eligible for the post under the notification. He submits that the petitioners have no right for consideration pursuant to the notification.

7. I have considered the submissions advanced by the learned counsels for the parties and perused the material on record.

8. The points for consideration are:-

1) Whether it is the date of declaration of result or issuance of the Diploma, on which a candidate acquires the qualification in the course concerned?

2) Whether the peti