The selection process for public appointments must strictly adhere to the stipulated procedures outlined in the advertisement, with no acceptance of documents submitted after the specified deadline.

JUDGMENT :

(Nani Tagia, J.)

Heard learned counsels for the parties.

2. These four sets of writ petitions have been filed by the petitioners challenging the notification dated 26.06.2024, issued by Bihar State University Service Commission, hereinafter referred as "Commission", whereby the applications of the petitioners submitted pursuant to the advertisement dated 21.09.2020, issued by the Commission for the post of Assistant Professor, Mathematics have been rejected on the ground that the five point criteria Certificate concerning the Ph.D. have not been signed by the Registrar or Dean (Academic Affairs) of the University as provided in Clause 4.1(ii) of the advertisement dated 21.09.2020 which prescribes for essential educational qualification.

3. Clause 4.1(ii) of the advertisement dated 21.09.2020 issued by the Commission in so far it is relevant, reads as under which has been reproduced hereinbelow:

4.1(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.D. Degree in accordance with UGC Regulations 2009 or 2016 and their amendments from time to time, as the case may be, shall be exempted from NET/SLET/SET But regarding recognition of SLET/SET the provision of UGC Regulation 2018 shall be valid.

Provided further that the candidates registered for Ph.D. programmes prior to July 11, 2009 shall be governed by the provisions of the then existing Ordinance /By-laws/Regulations of the institution awarding the degree and such candidates shall be exempted from the requirement of NET/SET/SLET for appointment in universities/ colleges/institutions subject to fulfillment of the following conditions:

(a) The Ph.D. Degree of the candidate has been awarded in a regular mode;

(b) The Ph.D. Thesis has been evaluated by at least two external examiners;

(c) An open Ph.D. Viva Voce of the candidate has been conducted;

(d) The Candidate has published two research papers from his / her Ph.D. work, out of which at least one is in a referred journal;

(e) The candidate has presented at least two papers based on his/her Ph.D. work in conferences /Seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency.

The fulfillment of these conditions is to be certified by the Registrar or Dean (Academic Affairs) of the University.

4. On perusal of Clause 4.1(ii) of the advertisement dated 21.09.2020 it appears that the candidates who have not qualified the National Eligibility Test conducted by the UGC or the CSIR or a similar test accredited by the UGC can also participate for the post of Assistant Professor, provided that such a candidate is a holder of the Ph.D. Degree in accordance with UGC regulations 2009 or 2016 and the amendments made from time to time as the case may be. Provided further that the candidates registered for UGC programmes prior to July 11th, 2009 shall be governed by the provisions of the then existing ordinance/ bylaws/ regulations of the institution awarding the degree subject to fulfillment of the following five conditions:

(a) The Ph.D. Degree of the candidate has been awarded in a regular mode;

(b) The Ph.D. Thesis has been evaluated by at least two external examiners;

(c) An open Ph.D. Viva Voce of the candidate has been conducted;

(d) The Candidate has published two research papers from his / her Ph.D. work, out of which at least one is in a referred journal;

(e) The candidate has presented at least two papers based on his/her Ph.D. work in conferences /Seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency.

5. The fulfillment of the above five conditions is required to be certified by the Registrar / Dean (Academic Affairs) of the University.

6. The bone of contention in these batch of writ petitions is that the five point criteria certificate concerning the Ph.D. degree submitted by the petitioners have not be