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HIGH COURT OF GUJARAT
BIREN VAISHNAV, DEVAN M. DESAI
Samirkumar Bhupendrabhai Pandya – Appellant
Versus
State of Gujarat – Respondent
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
Eligibility for Assistant Professor positions requires adherence to specified qualifications, including Ph.D. degrees obtained by the application deadline.
Service Matter - The concerned decision taking Authority has power to appoint the candidate for the post of Adhyapak Sahayak by relaxing the condition of NET/SLAT or Ph.D. It also appears that the pr....
Qualifications - UGC has prescribed minimum eligibility qualification for appointment of Assistant Professor (PG) in English and notification/advertisement was issued prescribing minimum eligibility ....
The selection process for public appointments must strictly adhere to the stipulated procedures outlined in the advertisement, with no acceptance of documents submitted after the specified deadline.
The court established that a Ph.D. is not a mandatory qualification for the Assistant Professor position, affirming that candidates with a Master's degree and NET qualification are equally eligible.
Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.
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.
The UGC Regulation prevails over the advertisement, and the court emphasized the importance of expert opinions and deferred to the UGC's assessment of the appellant's eligibility.
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