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HIGH COURT OF CHHATTISGARH, BILASPUR
ARUP KUMAR GOSWAMI, N.K. CHANDRAVANSHI, JJ.
Yeetesh Kumar – Appellant
Versus
State of Chhattisgarh and Others – Respondents
Writ Appeal No. 15 of 2022
Decided On : 12-01-2022
Ph.D. Qualification - University Recruitment - 14.11.2019, 15.04.2020 - [UGC Regulations, Advertisement Clause 13] - The court discussed the impact of Ph.D. qualification on the recruitment process, emphasizing the importance of the cut-off date for qualification and experience as prescribed in the advertisement. It highlighted that allowing revision of scorecards based on additional qualifications acquired after the submission of applications would change the rules of the recruitment process, affecting the fairness and sanctity of the process. The court upheld the importance of adhering to the prescribed qualifications and the cut-off date, dismissing the appeal.
Fact of the Case:
The appeal was filed against the dismissal of a writ petition related to the recruitment process for Assistant Professors and Subject Matter Specialists in a university. The petitioners sought revision of the score chart based on their acquired Ph.D. qualifications and challenged the advertisements based on recent UGC regulations.
Finding of the Court:
The court found that allowing revision of scorecards based on additional qualifications acquired after the submission of applications would be detrimental to some candidates and favorable to others, which is impermissible. It emphasized the importance of adhering to the cut-off date for qualifications and the prescribed recruitment process.
Issues: The issues involved the impact of acquired Ph.D. qualifications on the recruitment process, the validity of challenging advertisements based on recent UGC regulations, and the permissibility of revising scorecards based on additional qualifications acquired after the submission of applications.
Ratio Decidendi: The court held that allowing revision of scorecards based on additional qualifications acquired after the submission of applications would change the rules of the recruitment process, affecting the fairness and sanctity of the process. It emphasized the importance of adhering to the prescribed qualifications and the cut-off date, as well as the limitations of the court's jurisdiction in reviewing recruitment processes.
Final Decision: The appeal was dismissed, upholding the order of the learned Single Judge. No costs were awarded.
JUDGMENT :
ARUP KUMAR GOSWAMI, J.
1. Heard Mr. Aagney Sail, learned counsel for the appellant. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General appearing for respondent No. 1, Mr. Ramakant Mishra, learned Assistant Solicitor General appearing for respondent No. 2 and Mr. Shashank Thakur, learned counsel appearing for respondent No. 3.
2. This writ appeal is presented against an order dated 26.08.2021 passed by the learned Single Judge in Writ Petition (S) No. 4517 of 2021, whereby, the writ petition preferred by the appellant, who was petitioner No. 2 and another petitioner, who has chosen not to file appeal, was dismissed.
3. The respondent No. 3/University issued an advertisement on 14.11.2019 for appointment in respect of 66 posts of Assistant Professor in the Academic Level-10 including on the subject of Entomology for Agriculture Colleges in the State of Chhattisgarh for which the writ petitioners submitted their respective applications. For the post of Assistant Professors in Entomology, 6 posts were earmarked. Petitioner No. 2 (appellant herein) had applied in the ‘OBC Category’ for which 01 post was earmarked and the petitioner No. 1 had applied for the ‘Unreserved Category’ for which there were 02 posts. The last date for submission of online application form was fixed on 31.12.2019.
4. There was a corrigendum dated 15.04.2020 to the advertisement dated 14.11.2019, by which posts reserved for Economically Weaker Section (EWS) for Assistant Professor was cancelled and the posts were added to unreserved category.
5. On 15.04.2020, respondent No. 1 issued an advertisement for appointment of 26 non-teaching posts of Subject Matter Specialist of Krishi Vigyan Kendras (KVKs). The appellant had applied for a post in Subject Matter Specialist (Entomology).
6. On 05.05.2020, the respondent No. 3 published the list of eligible and non-eligible candidates for the session 2019-20 for the post of Assistant Professors in Entomology subject. 106 candidates were found eligible including the petitioners.
7. Subsequently, after objections were received, another list was published on 26.06.2020. 14 more candidates were declared eligible and 01 candidate, declared earlier as eligible, was considered as not eligible.
8. On 07.09.2020, a score chart of eligible candidates for the post of Assistant Professors (Entomology) was published wherein, it was reflected that petitioners No. 1 and 2 had scored 42.48 marks (at S. No. 88) and 39.39 marks (at S. No. 104), out of total 87 marks.
9. On 06.10.2020, the respondent No. 3 published a list of 82 eligible and non-eligible candidates for the post of Subject Matter Specialist. After objections were received, on 05.12.2020, respondent No. 3 published a list adding one more candidate as eligible. Thereafter, on 28.12.2020, the respondent No. 3 published a score chart for the post of Subject Matter Specialist (Entomology) wherein appellant was placed at S. No. 48 with score of 39.49.
10. At the time of submission of the online application forms, the petitioners did not possess the Ph.D. qualification. The selection process is not yet completed and in the interregnum period, the petitioners had acquired the Ph.D. qualification.
11. After obtaining the Ph.D. qualification, the petitioners along with some others had submitted a representation dated 26.12.2020 to the Vice-Chancellor of respondent No. 3 to take into account their Ph.D. qualification and to appropriately revise the score chart by updating their application forms.
12. Subsequently, the writ petitioners approached this Court, praying for the following reliefs:
10.2 Direct the Respondent No. 3 University to permit resubmitting of applications by the candidates who applied for th
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