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RAVI CHEEMALAPATI
Meesala Pavani – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Ravi Cheemalapati, J. - Both these writ petitions are filed by two separate individuals. However, since they are filed for similar relief and as the learned counsel for the parties advanced similar arguments, for sake of convenience, both the writ petitions are disposed of by this common order.
2. These writ petitions are filed by the respective petitioners invoking jurisdiction of this Court under Article 226 of the Constitution of India for the following relief:
'....to issue a writ, order or direction particularly, one in the nature of writ of mandamus, declaring the action of the respondents, in not allowing the petitioner to participate in an oral interview for the post of Lecturer in Government Degree college issued vide its notification No. 26/2018 dated 31.12.2018 despite of being possessed requisite qualification as per para-3 of notification as on the date of making application is illegal, arbitrary and violation of principles of natural justice and also violative of articles 14,16,19,21 & 300A of the Constitution of India and consequently direct the respondents to permit the petitioner to participate in the interview process scheduled herein as observed by the Hon'
THE CUT-OFF DATE FOR ACQUIRING THE ELIGIBILITY QUALIFICATIONS FOR A POST IS THE DATE OF NOTIFICATION ISSUED BY THE CONCERNED RECRUITING AGENCY.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
(1) Appointment – Eligibility of a candidate is assessed on the basis of particulars and documents furnished at the time of application, and there is no provision for subsequent supplementation or re....
The court affirmed that eligibility for public employment must be determined by the cut-off date specified in the advertisement, with no provision for relaxation.
Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.
The possession of prescribed educational qualification as of the cut-off date specified in the notification, the validity of relaxation of conditions, and the entitlement of candidates to be consider....
The court emphasized the importance of adhering to the prescribed educational qualifications and held that any relaxation of such requirements should be explicitly provided for in the notification.
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