The central legal point established in the judgment is the requirement for candidates to comply with the submission of required documents as per the notice, and the court's reluctance to intervene in cases of non-compliance.

ORDER :

1. The present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India for issuance of appropriate writ of mandamus and certiorari and for other suitable direction to the respondents, as the name of the petitioner has been kept in the non eligible candidates for the post of Assistant Professor (Geography).

2. Brief facts of the case are that the petitioner had done Masters of Philosophy (M. PHIL) in Geography subject in the year 2008 from Doctor Harisingh Gour Vishwavidyalaya, Sagar. The respondent No.2 published an advertisement vide No.01/2009/ Examination/Dated 15/05/2009 for selection and recruitment of the 878 posts of the Assistant Professors under the Higher Education Department, State of Chhattisgarh. The written examination for the aforesaid selection of the Assistant Professors was held on 29/11/2009 and thereafter the result of the same was declared. The petitioner duly appeared in the said written examination by fulfilling all the requisite qualification for the post of Assistant Professor (Geography) but he was declared not eligible for the interview. The petitioner when enquired about the specific reason as to why his candidature has not been considered, he came to know under Right to Information Act that the respondent No.2 has put the petitioner's name in the category of Not Eligible Candidates for the post of Assistant Professors on the ground that petitioner did not submit the copy of required documents, specifically his M.Phil Degree at the time when he submitted the form. The petitioner also made representation to the respondent authorities in this regard, but the same has not been considered, hence the present writ petition has been filed.

3. The petitioner has prayed for the following reliefs:-

“I. To kindly direct the respondent No.2 Chhattisgarh Public Service Commission to delete the name of the petitioner from the list of non eligible candidates for the reason of non submission of documents related to educational qualification for the post of Assistant Professor, Geography.

II. To kindly direct the respondent No.2 Chhattisgarh Public Service Commission to consider the petitioner's candidature on merit basis and call him to appear in interview process.

III. To kindly direct the respondent No.2 Chhattisgarh Public Service Commission to consider the candidature of the petitioner for appointment for the post of Assistant Professor, Geography.

IV. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case.”

4. Learned counsel for the petitioner submits that the action of the respondents is arbitrary and uncalled for. The respondent No.2 has put petitioner's name in the category of Not Eligible Candidates for the post of Assistant Professors on the ground that petitioner did not submit the copy of required documents, specifically his M.Phil degree at the time when he submitted the form, however it was clearly mentioned in clause 8 of the advertisement that the candidates were supposed to bring the required documents including the copy of their degree at the time of interview and not at the initial stage. Clause 6 of the advertisement gives information pertaining to submission of O.M.R. application form. It was clearly stated in clause 7.6 of the advertisement that no other document whatsoever had to be sent along with O.M.R. application form at the time of submission of O.M.R. application form. It was nowhere specifically mentioned in the advertisement that the copy of M. Phil Degree had to be submitted at the very initial stage i.e. at the time of submitting the form, as such there is clear violation of the prescribed selection process. He further submits that as per the notification dated 09/10/2012, 6 posts were kept vacant for Geography subject on the order of this Court. The petitioner made a representation to