The central legal point established in the judgment is the importance of possessing the eligibility qualification on the last date fixed for such purpose, as emphasized by the judgment of the Hon’ble Apex Court in Dolly Chhanda vs. Chairman, JEE and others, (2005) 9 SCC 799.

ORDER :

This Writ Petition under Article 226 of the Constitution of India is filed seeking to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the 5th respondent, in issuing Letter No.3106/Estt.(A&E)/2022 dated 27.05.2022, by not showing the actual date of result contained in Award List dated 08.01.2020 and 10.01.2020, respectively issued by the respondent Nos.6 and 7 and further action of 3rd respondent in rejecting selection and appointment of the petitioner on the basis of the Letter addressed by 5th respondent University without considering the Award List dated 08.01.2020, declaring the result of the petitioner as passed on 08.01.2020 and 10.01.2020, thereby denying candidature of the petitioner for selection and appointment, to the post of Village Horticulture Assistant notified in the Notification No.01/Horti/2020, dated 10.01.2020, as illegal, arbitrary.

2. Heard Mr. G.V. Shivaji, learned counsel for the petitioner and the learned Government Pleader for Service & the learned Government Pleader for Services-I and learned Government Pleader for Village and Ward Secretariats appearing for the respondents.

3. According to the petitioner, 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 counsel for the petitioner that the petitioner possessed the academic qualification of two (02) years Diploma in Horticulture from Dr.YSRHU was completed in the month of December, 2019. The certificates could not be received by the petitioner by the time of applying for the post. As the last date for submission of online application was 31.01.2020, the petitioner made his application in time. The results were declared on 08.01.2020 and as such on the date of the notification i.e. 10.01.2020, the petitioner possessed the academic qualification of two (02) years Diploma in Horticulture.

6. The learned counsel for the respondents submits that on the date of notification, the Diploma was not issued to the petitioner and as such it cannot be said that the petitioner 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 petitioner eligible for the post under the notification. He submits that the petitioner has no right for consideration pursuant to the notification.

7. It is contended by the learned counsel for the petitioner that for non-considering the case of the petitioner along with others they have approached this Hon’ble Court by way of filing W.P.No.3167 of 2021 and the said Writ Petition was disposed of by a common order, dated 13.04.2022 where in the penultimate Para No.20, this Court observed as under:-

“The petitioners appeared in the selection process under the interim orders passed in the writ petitions. It is therefore further provided that if the respondent No.3 finds that the result was declared by the date of the notification i.e. 10.01.2020 and the petitioners succeeded therein, the petitioners acquired the requisite academic qualification on