IMPORTANT POINT
The court emphasized that the eligibility criteria specified in the advertisement should be interpreted based on the original date of the advertisement, even if the closing date for applications was extended.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. As these two petitions arise from a common order dated May 15, 2023, passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) in Original Application No.3724/2022 ('OA', for short) both shall be disposed of by this order, whereby the Tribunal has directed the petitioner to allow the respondents to participate in the selection process.

2. The facts as noted from the record are, the post of Principal, under the Directorate of Education, Government of NCT of Delhi ('DoE, GNCTD', for short), is filled through two modes viz. promotion and direct recruitment in the ratio of 75:25. As per the recruitment rules, the essential qualification for the post of Principal is as follows:

"Essential Qualifications:

(A) Educational:

(i) Master s Degree from a recognized University / Institute,

(ii) Bachelor of Education from a recognized university / institute; and

(B) Experience:

Ten years' experience of teaching (Vice Principal / Post Graduate Teacher/ Trained Graduate Teacher) in a recognized High School / Higher Secondary School / Senior Secondary School / Intermediate College."

3. The petitioner herein, Union Public Service Commission ('UPSC', for short) issued an Indicative Advertisement No.07/2021 published in the Employment News on April 24, 2021 with closing date as May 13, 2021, inviting online applications from eligible and qualified candidates for filling up 363 posts of Principal under the DoE, GNCTD which is one of the respondents herein. The said advertisement was issued during Covid-19 period and therefore, on the very next day, the petitioner had withdrawn the same without opening Online Recruitment Application ('ORA', for short) module on its website with a notice that "Presently No Recruitment Advertisement is Available".

4. The UPSC republished/reissued the advertisement dated April 24, 2021, on July 10, 2021, with the closing date of July 29, 2021, with a stipulation that, "The eligibility criteria i.e. Age, Educational Qualification, Experience, etc. will be counted as on 13.05.2021 as this vacancy was originally scheduled to be launched with vacancy details on 24.04.2021 with the closing date 13.05.2021."

5. Both these petitions consist of four respondents, out of 50 persons / candidates, who were before the Tribunal in the OAs.3724/2022 & 173/2023. It was the case of the respondents that they have completed the experience criteria between May 13, 2021 and July 29, 2021, however, in terms of the stipulation mentioned in the advertisement dated July 10, 2021, they are not eligible to apply against the subject post of Principal and therefore, they approached the Tribunal by taking exception to the Advertisement No.07/2021, to the extent, it prescribes that the eligibility criteria, i.e., age, educational qualification, experience etc. will be counted on the closing date of May 13, 2021.

6. The plea of the respondents before the Tribunal was also that the UPSC, should determine eligibility, experience and qualification, on the closing date of July 29, 2021.

7. The interim order dated July 27, 2021, was passed, wherein the Tribunal directed the UPSC to accept the applications of the applicants before the Tribunal (respondents), if they are eligible, with reference to July 29, 2021 and if they are selected, further steps shall be deferred till the disposal of the O.A.

8. The case of the petitioner before the Tribunal was that the original advertisement was dated April 24, 2021 with closing date May 13, 2021, which was withdrawn in the wake of Covid-19 and republished / re-advertised on July 10, 2021 with closing date July 29, 2021, however, the eligibility criteria and other conditions, i.e., age, educational qualification, experience, etc., was kept as of May 13, 2021. As per advertisement published on July 10, 2021, wherein Clause 9(b) of the "instructions and additional information to the candidates for recruitment by selection" appended with the advertisemen