Strict adherence to essential qualifications is necessary for recruitment; prior participation in tests does not confer rights without meeting qualification criteria.

JUDGMENT :

MADHURESH PRASAD, J.

1. The writ petitioner was the applicant before the West Bengal Administrative Tribunal (Tribunal for short), in OA No. 468 of 2018. The same was disposed of by the Tribunal by an order dated 02/05/2024, which is the subject matter of the present writ proceeding.

2. An advertisement was published in the newspapers in August 2016, inviting applications in response to the recruitment notification No. 15/2016 issued by the West Bengal Public Service Commission (Commission for short). The same was for recruitment on 51 posts of sub- officers, under the Department of Fire and emergency services, Government of West Bengal.

3. The petitioner was an applicant and appeared in the written test. He qualified for the same and thereafter was called for an endurance test. He emerged successful in the endurance tests and thereafter was called to face the interview on 28/03/2018. The petitioner alleges that he was not allowed to appear for the interview. On the same date he wrote a letter to the Secretary of the commission requesting him to allow the petitioner to face the interview. In his letter dated 28/03/2018, the petitioner has stated that authorities did not allow him to appear at the interview since he could not show that he had studied chemistry as a subject in his two-year B. Tech Degree course. According to the authorities, since the petitioner did not study Chemistry as a subject in a graduate course, he did not possess the requisite qualification for appointment.

4. We, therefore, consider it apposite to take note of the requisite essential qualification in the advertisement No. 15/2016, in response to which the petitioner applied for participating in the recruitment process. Relevant extract of the advertisement reads :

“QUALIFICATIONS:

Essential:

a) (i) Degree in Science with Physics, Chemistry & Mathematics of a recognized University or its equivalent,

(ii) Swimming Certificate from any recognized Club or Institute.

b) Physical Measurement:

(i) Height- 5’6” (for Gorkha and other hill tribe condidates-5’3”).

(ii) Chest 32” after full expiration with a minimum expansion of 2”

AGE: Not less than 20 years and not more than 27 years as on 01.01.2016.”

5. The Learned advocate for the writ petitioner submits that after passing Higher Secondary Examination, the petitioner completed a Diploma Engineering course under the West Bengal State Council of Education with Physics, Chemistry and Mathematics. Having completed the diploma course in engineering the petitioner was allowed lateral entry in the B-Tech course on the basis of his merit in the JELET. The petitioner having secured lateral entry based on merit was exempted from first year of B-Tech since the self-same course was covered in the diploma course in engineering completed by the petitioner, prior to his admission in the second year of B-Tech. Since the petitioner had studied Physics, Chemistry and Mathematics in the Diploma course and based on such course completion he was allowed lateral entry to the B-Tech Degree course, therefore, it cannot be said that the petitioner was in any way ineligible. In the instant case, the petitioner’s Graduation Degree (B-Tech) comprises of two parts, namely the three-year Diploma in Engineering course and the B-Tech Degree. Both qualifications have to be considered together as a composite qualification. Viewed thus it cannot be said that the petitioner has not studied Chemistry in his graduation course, as required by the advertisement. Since, the advertisement specifies an essential qualification of