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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vinayak Sharma – Appellant
Versus
Indian Coast Guard Through Its Director General & Ors. – Respondents
W.P.(C) 3134 of 2023 & CM APPL. 24494 of 2023
Decided On : 03-07-2023
Educational Qualification - Appointment to the post of Assistant Commandant (General Duty) in Indian Coast Guard - Advertisement for 01/2023 batch - Clause 4(a) of the advertisement stipulated the eligibility of candidates appeared in the final year or final semester exam and awaiting result - Lack of clarity in the advertisement regarding final year/sixth semester student - Subsequent advertisements for batch 02/2023 and 01/2024 provided clarity on eligibility criteria - Petitioner's eligibility and document verification - Court's direction to consider petitioner for appointment with 02/2023 batch and create one seat for petitioner with 01/2023 batch
Fact of the Case:
The petitioner, a final year/sixth semester student, applied for the post of Assistant Commandant (General Duty) in Indian Coast Guard. The respondents rejected the petitioner's candidature citing lack of clarity in the advertisement regarding the eligibility of final year/sixth semester students and incorrect information provided by the petitioner at the time of filling-up the online application form.
Finding of the Court:
The Court found that the advertisement for 01/2023 batch lacked clarity on the eligibility of final year/sixth semester students, while subsequent advertisements for batch 02/2023 and 01/2024 provided clarity. The Court also noted that the petitioner's eligibility and document verification were not adequately addressed during the selection process. The Court directed the respondents to consider the petitioner for appointment with 02/2023 batch and create one seat for the petitioner with 01/2023 batch.
Issues: Lack of clarity in the advertisement regarding the eligibility of final year/sixth semester students, incorrect information provided by the petitioner at the time of filling-up the online application form, and inadequate addressal of the petitioner's eligibility and document verification during the selection process.
Ratio Decidendi: The Court's decision was based on the lack of clarity in the advertisement for 01/2023 batch, the subsequent advertisements providing clarity, and the inadequate addressal of the petitioner's eligibility and document verification during the selection process.
Final Decision: The Court allowed the petition and directed the respondents to consider the petitioner for appointment with 02/2023 batch and create one seat for the petitioner with 01/2023 batch, subject to the fulfillment of other eligibility criteria notified in the advertisement of 01/2023 batch.
JUDGMENT
Suresh Kumar Kait, J. The present petition is directed against the reply/rejection dated 27.12.2022 written by the respondents, whereby petitioner's candidature for appointment to the post of Assistant Commandant (General Duty) in Indian Coast Guard was cancelled. In addition, cancellation of Updated Select List-I Assistant Commandant (General Duty) 01/2023 batch issued by the respondents is also sought.
2. The facts giving rise to the present petition are that petitioner, a final year/sixth semester student of graduation course, pursuant to an Advertisement dated February, 2022 inviting applications for the post of Assistant Commandant (General Duty) in Indian Coast Guard, applied for the same under un reserved category.
3. According to petitioner, in terms of clause 4(a) of the advertisement, he was duly qualified and fulfilled the requisite conditions for the appointment to the post of Assistant Commandant (General Duty) in Indian Coast Guard. It is averred on behalf of petitioner that the subject advertisement stipulated the following educational qualifications:
"(i) Should hold a degree of recognized university with minimum 60% aggregate marks.
(ii) Mathematics and Physics as subject upto Intermediate or class XII of 10+2+3 scheme of education or equivalent with minimum 55% aggregate marks in Mathematics and Physics. The candidates who have completed graduation after diploma, are also eligible, provided they should possess an aggregate of 55% marks in diploma with physics and mathematics in its curriculum.
4. Additional Eligibility Criteria
(a) Candidates appeared in the final year or final semester exam and awaiting result are allowed to apply provided that they should not have any present back papers. Such candidates should be able to submit provisional or original degree certificate issued by University at the time of Final Selection Board (FSB)."
4. Petitioner has claimed that being a student of sixth semester/final year, he was eligible for appointment to the post of Assistant Commandant (General Duty), however, since the advertisement with regard to final year/sixth semester student was not clear, petitioner vide e-mail dated 24.02.2022 written to the respondents, sought clarification in this regard. In reply thereto, respondents vide e-mail dated 24.02.2022, asked the petitioner to refer to the subject advertisement.
5. Petitioner also claims to have appeared in the various stages of examination. He appeared in stage-I examination, i.e. Screening Test held on 27.03.2022, Stage-II i.e. Preliminary Selection Board held on 30.06.2022 and qualified the same. In the meanwhile, petitioner's result of sixth semester was declared on 16.07.2022 and he got his original Provisional Degree Certificate on 22.07.2022.
6. Thereafter, petitioner appeared in the stage-III examination i.e. Final Selection Board on 02.10.2022 and after qualifying the same, petitioner vide letter dated 07.10.2022 issued by the respondents, was instructed to appear in Final Medical Board Examination on 12.10.2022. Accordingly, petitioner appeared in the Final Medical Board Examination, however, vide letter dated 01.11.2022 he was informed having been declared `unfit' due to being `overweight'. Petitioner was given time to reduce his weight, which he claims to have accomplished within 42 days by reducing his weight by 15 kg. Respondents vide result dated 06.12.2022 declared petitioner qualified for stage-IV examination, i.e. Final Medical Board Examination. The final selection list for the post of Assistant Commandant (General Duty) was issued on 14.12.2022, however, petitioner could not find a place in the select list.
7. Being aggrieved, petitioner's father vide representation dated 16.12.2022 to the Director General of Indian Coast Guard prayed for inclusion of petitioner's name in the select list. Vide letter dated 27.12.2022, the respondents informed petitioner's father that petitioner's candidature was rejected because at the time of fil
A candidate's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application dead....
Eligibility criteria for examinations must be met on the cut-off date specified in the advertisement, with no allowance for relaxation.
The court established that strict compliance with the qualifications outlined in public service advertisements is essential to uphold the principles of equality and non-arbitrariness under Articles 1....
Point of law : It is a consistent law right from the very inception that Courts in the rarest of rare case can grant interim protection in the admission matters, when they are convinced that no injus....
Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.
Candidates who acquire qualifications before the examination are eligible to participate in recruitment processes, even if they were in final year at the time of application.
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