IMPORTANT POINT
The rejection of a candidate's application for Assistant Professor based on academic qualifications was lawful as it adhered to the established criteria and regulations.

ORDER :

(Narendra Kumar Vyas, J.)

1. This petition has been filed by the petitioner assailing the order dated 03.09.2020 (Annexure P/1) passed by respondent No. 2/Registrar, Indira Gandhi Krishi Vishwavidyalaya by which candidature of the petitioner for appointment on the post of Assistant Professor (Soil Science & Agriculture Chemistry) has been rejected.

2. Brief facts as reflected from record are that an advertisement has been issued by respondent No. 2 on 14.11.2019 for appointment on the post of Assistant Professors for various subjects for Agriculture Colleges of Indira Gandhi Krishi Vishwavidyalaya, Raipur. The petitioner applied for the said post by submitting her application through online. In the month of May, 2020, a list of ineligible candidates was published by the respondent wherein name of the petitioner was shown. The petitioner submitted her objection/representation before the respondent authorities against rejection of her candidature along with essential documents to show her eligibility. The objection/representation has been rejected by the respondents and published list of ineligible candidates in the month of July, 2020 wherein name of the petitioner was also included. On 6th July, 2020, the petitioner again submitted objection/ representation for considering case of the petitioner. On 07.09.2020, respondent No. 2 published list of candidates for interview after evaluating their academic qualifications.

3. Learned counsel for the petitioner would submit that the impugned order dated 03.09.2020 is contrary to the advertisement dated 14.11.2019 as well as the University Grant Commission Regulation, 2018 (for short “the Regulation, 2018”) as such the same cannot be sustainable. He would further submit that the petitioner is having all the requisite qualification as prescribed in the advertisement, therefore, the action of the respondents is liable to be set aside. He would further submit that rejection of candidature of the petitioner on the count that petitioner having less 55% marks in under graduation programme was not a condition prescribed in the advertisement as well as in the Regulation, 2018, therefore, the ground of rejection of the candidature of the petitioner is not sustainable and is liable to be set aside. He would further submit that three different reasons have been assigned by the respondents while rejecting candidature of the petitioner which shows malafide intention against the petitioner. He would further submit that once the recruitment process has been set on motion, the eligibility conditions cannot be changed midway and no new criteria can be applied for rejecting the candidature of the petitioner. He would further submit that the Regulation, 2018 are binding on the respondents and they cannot deviate from it, put a condition which is not mentioned in the advertisement, the Regulation, 2018 and would pray for setting aside the impugned order dated 03.09.2019 (Annexure P/1).

4. Respondent No. 1 & 2 have filed return wherein it has been contended that the University has issued advertisement dated 14.11.2019 for appointment on various posts of Assistant Professors. It has been further contended that the University Grants Commission (UGC) New Delhi has issued Regulation on minimum qualification for appointment of teachers and other academic staff in Universities and colleges in the year 2010. In the said regulation, Clause 4.4.1 deals with the educational qualification for the post of Assistant Professors. Clause 4.4.1 (1) provides that a candidate should have good academic record as defined by the concerned University with atleast 55% marks (or an equivalent grade in a point scale whenever grading system is followed) at the master Degree Level in a relevant subject from any Indian University, or an equivalent degree from an accredited foreign University. The Regulation 2018 has been endorsed and made applicable to all the State Agricultural Universities by the Indian Council of Agricultural