Eligibility for Assistant Professor positions requires adherence to specified qualifications, including Ph.D. degrees obtained by the application deadline.

JUDGMENT :

BIREN VAISHNAV, J.

1. This appeal, under Clause 15 of the Letters Patent, has been filed by the appellants who were the original petitioners before the learned Single Judge. The prayer in the petition was that the amendment to the advertisement dated 08.06.2018 and the action of the respondent GPSC in declaring the appellants – petitioners ineligible to the post of Assistant Professor GES, Class - II in Statistics subject be declared as bad.

2. Facts in brief as set out by the learned Single Judge in paragraphs no. 3.1-3.3 are as under:

“3.1 The respondent No.2-GPSC by way of a public advertisement bearing No.87/2016-17 issued in the newspaper as well as on its website in the month of November, 2016 invited applications for the post of Assistant Professors of Statistics subject in Government Arts, Commerce, Science colleges in the State of Gujarat. The respondent No.2, by way of amendment dated 25.11.2016, clarified that in the subjects, in which the exams like NET, SLET are not being conducted with regard to the percentage of NET, SLET, PHD, the applicant shall mention “0” in the column of percentile/ percentage in the application form. The respondents, thereafter conducted entrance examination on 02.04.2017 for the aforesaid post and also issued the call letters. On 02.08.2017, the petitioners appeared and were declared successful in the examination. On 08.06.2018, the respondent No.2 published a further advertisement clarifying earlier advertisement being No.82/16-17 with respect to Assistant Professor GES, Class-II having degrees in the subject of Accountancy and Statistics. As per the decision taken by the Education Department, the subjects in which the NET/SLET/SET are not being conducted, the minimum qualifications of degree of Ph.D. was prescribed. So far as subjects of Accountancy/ Statistics are concerned, the University Grants Commission (UGC) does not conduct NET/SLET/SET.

3.2 On 08.08.2018, respondent No.2 declared the list of ineligible candidates. The names of the petitioners were not included since they had obtained Ph.D. degree after the commencement of the recruitment process. So far petitioner No.5 is concerned he is not having Ph.D. degree. On 13.08.2018, the respondent No.2 declared the list of eligible candidates. The eligible candidates, as mentioned in the provisional list dated 13.08.2018 were called upon on 28.08.2018 for further scrutiny and verification of documents.

3.3 On 05.09.2018, the petitioners filed the captioned writ petition challenging the amended advertisement dated 08.06.2018 and the list of candidates dated 08.08.2018 and the provisional list (second) of eligible candidates dated 13.08.2018. On 24.09.2018, a notice was issued by this Court granting liberty to the petitioners to file interim application seeking appropriate orders if the interviews are scheduled. The petitioners requested for interim order as interviews were scheduled on 02.01.2019 and hence, on 26.12.2018 this Court passed an order permitting the petitioners to sit in the interview with a condition that the results of the petitioners shall be kept in a sealed cover subject to further order. The respondent No.2 preferred Letters Patent Appeal No.170 of 2019 challenging the interim order however, the same came to be withdrawn. Thereafter, respondent No.2-GPSC preferred Civil Application No.1 of 2019 in the present petition for vacating interim relief, the same was dismissed. Thereafter, the interviews were conducted on 13.09.2021 after almost three years of the previously scheduled date i.e. 02.01.2019. On 03.12.2021, the sealed cover of results was opened in this Court, wherein it was found that the petitioner Nos.1 and 3 to 5 are having more weightage marks than the private respondents.”

3. Mr. Shalin Mehta, learned Senior Advocate appearing with Ms. Aditi Raol, learned advocate for the appellants made the following submissions:

(I) That the recruitment rules in question provide that in order to be eligible for the p