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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Sabyasachi Swain Son Of Shri Upendranath Swain – Appellant
Versus
Malviya National Institute Of Technology – Respondent
Order :
1. By way of filing the instant writ petition, a challenge has been made to the impugned order dated 07.09.2024, issued by the respondent No. 1 by which the appointment of the petitioner on the post of Assistant Professor Grade-II has been cancelled. A prayer has been made in the writ petition for quashing and setting aside the impugned order with direction to the respondents to reinstate the petitioner back in service, with all consequential benefits.
2. Learned counsel for the petitioner submits that pursuant to the advertisement dated 10.12.2022, the petitioner participated in the process of selection for appointment on the post of Assistant Professor in Civil Engineering subject. Counsel submits that as per the terms and conditions of the advertisement, a candidate was required to possess the degree of Ph.D. in the relevant subject/discipline on the last date of submission of application form. Counsel submits that the last date of submission of hard copy of the application form was 19.01.2023, and prior to that the petitioner submitted his Ph.D. degree which was awarded on 28.12.2022 and the date of submission of defense for Ph.D. was 29.11.2022. Counsel submits that thes
Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.
Candidate eligibility must be satisfied by the application cutoff date; subsequent qualifications cannot be considered in selection processes.
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....
Employment and Service matter - Recruitment Process on basis of advertisement - Qualification - It is well settled that suitability and eligibility have to be considered with reference to last date f....
The main legal point established in the judgment is that eligibility of a candidate must be judged with reference to the last date for receiving the applications, and a person who acquires the prescr....
The possession of essential qualifications before the application deadline is crucial for consideration in the selection process.
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