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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Vinayak Sharma – Appellant
Versus
Indian Coast Guard Through Its Director General – Respondent
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 Phy
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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