The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissible and illegal.

JUDGMENT

1. The present petition is filed in the matter of selection for the post of Junior Assistant against the vacancies published vide advertisement dated 10.12.2013 and against the impugned order dated 27.02.2019 passed by the respondents. The present petition was amended with following prayers:-

"i. That the respondents may be directed to declare the entire result merit wise along with marks for the post of Junior Assistant/Stenographer.

ii. That the respondents may be directed to appoint the petitioner on the post of Junior Assistant against the third vacancy reserved for OBC w.e.f., the date from which any of successful candidate has been appointed or at least from the dates from which the candidates from the waiting list have been allowed to join the post of Junior Assistant.

iii. That it may be declared that any decision taken by the respondents or by its board of Governors after the initiation or recruitment process i.e. after the issuance of the advertisement including B.O.G. decision dated 21.03.2004 will not be binding retrospectively and on the present recruitment process initiated in view of the advertisement no. 05/MNIT/ESTT./2013 (Annex-1)

iv. That any appointment order issued any of the private respondents on the post of the Junior Assistant overriding the claim of the petitioner as a candidate appearing in the selection process may be quashed and set aside.

v. That the decision of the respondents to offer post of Junior Assistant to candidates who had appeared for the post of Accountant including private respondents may be quashed and set aside. Accordingly any appointment letter issued to the private respondents or any other person may be quashed and set aside.

v(a) By an appropriate writ, order or direction the impugned order dated 27.02.2019read with recommendation made by the meeting of the Board of Governors held on 10.02.2019 (Annexure - 7A) may kindly be declared as illegal, arbitrary and unjust and same be quashed and set aside. The petitioner be declared to be very much suitable for 3rd vacancy in OBC category for post of Junior Assistant.

vi. Any other appropriate relief, which is deemed just and proper in above mentioned facts and circumstance, may also be granted to the petitioner along with the cost of the writ petition."

2. Learned counsel for the petitioner submits that one advertisement dated 10.12.2013 was issued for recruitment on various post of non-teaching staff, including that of Junior Assistant. Later, by way of corrigendum, the post of Junior Assistant/Stenographer were increased from 4 to 11 out of which 3 posts were reserved for OBC candidates and 1 for exservicemen. The petitioner applied for the post of Junior Assistant under OBC category. He cleared screening test, written test and the trade test. He was called for interview, which was held on 05.03.2014, however, his result was not declared. The respondents issued a list of successful candidates and also a waiting list on 26.05.2014. It is further submitted that since there was no minimum marks prescribed in the advertisement for interview or in aggregate, it cannot be presumed that applicant had failed. The petitioner had applied under the category of OBC wherein, as per the revised advertisement, three vacancies were available. As per the knowledge and submissions of the petitioner, only two seats qua OBC were filled. It is also submitted that the waiting list prepared for the Lower Ministerial Post wrongly includes names of 5 candidates who applied for and interviewed for the post of Accountant, which is a Ministerial Higher Post. In support of the contention, he has relied upon the advertisement and has submitted that there were different qualifications for the post of Ministerial Higher Superintendent/Accountant and Junior Assistant/Stenographer. As per the petitioner, if any candidate who wished to apply for more than one post, as per the advertisement, was required to apply separately for each post in the prescribed manner.

3. Co