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Sumita Kumari Sharma – Appellant
Versus
Union of India – Respondent
ORDER :
1. The matter pertains to a challenge to the selection and appointment of the respondent No. 5 in the post of Assistant Professor-II (Scientist-C/Equivalent) (‘Assistant Professor’) in Plasma Physics in the Institute of Advanced Study in Science and Technology (‘Institute’).
2. It is the case of the petitioner that apart from the respondent No. 5's academic career being inferior to her, the said respondent No. 5 is not even eligible as per the advertisement in question. The petitioner has accordingly prayed for interference with the said selection and appointment with a further prayer for considering her case in accordance with law.
3. To appreciate the issue involved, the facts of the case are required to be narrated in brief.
4. An advertisement was issued on 11.8.2017 for different posts, including the aforesaid post of Assistant Professor. Since the foundation of the case is on the eligibility criterion, it would be convenient if the eligibility criterion is quoted hereunder which is as follows:
Pay: PB Rs. 15,600-Rs. 39,800 GP Rs. 6,600 p.m.
Qualification and Exper
Employment and Service matter - Appointment as an Associate Professor in the School of Social Sciences of the Mahatma Gandhi University - Selection committee – Qualiification - Absence of post doctor....
Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.
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 upheld the Selection Committee's decision insisting that qualifications for academic posts must be evaluated by experts, and judicial interference is warranted only under extreme circumstan....
The central legal point established in the judgment is the interpretation and application of the UGC Regulation, 2018, particularly regarding the eligibility criteria for the post of Associate Profes....
Candidate eligibility must be satisfied by the application cutoff date; subsequent qualifications cannot be considered in selection processes.
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