Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.

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 these dates were mentioned by the petitioner in his application form. Counsel submits that when the provisional list was released by the respondents, the name of the petitioner was not there, therefore, a grievance was raised by the petitioner before the respondents which was redressed and thereafter, the petitioner was allowed to participate in the process of selection and consequently, he was interviewed on 05.11.2023. Counsel submits that on the basis of the merit of the petitioner, he was offered provisional appointment on 15.12.2023, subject to verification of documents and then finally his provisional appointment was made absolute on 14.02.2024. Counsel submits that subsequently, a show cause notice was served upon the petitioner indicating therein that the petitioner has furnished incorrect dates with regard to award of Ph.D. degree. Counsel submits that reply to the aforesaid notice was served but the same was not considered and the order impugned was passed on 07.09.2024 by which the appointment of the petitioner has been cancelled.

3. Counsel submits that prior to joining in the Department, the petitioner was serving as a Scientist and he resigned from the said post and joined on the post in question while accepting the offer of appointment. Counsel submits that as per the Rules regarding recruitment issued by the Ministry of Human Resources Development, Government of India relaxation can be granted to those candidates who are having good number of publications in journals, of their respective fields. Counsel submits that under these circumstances, the requirement of Ph.D. degree may be waived. Counsel submits that as per clause 12 of the Procedure For Selection of Faculty in NIT System (Appendix-A1 of the NIT Rules), the applications submitted by the applicants can be considered even up to the date of interview. Counsel submits that in the instant case, the interview was conducted on 05.11.2023, while the Ph.D. degree was awarded to the petitioner on 06.04.2023. Counsel submits that there was no concealment on the part of the petitioner and after due verification of the documents, the provisional and final offer of appointments were issued in favour of the petitioner. Hence, under these circumstances, the impugned order dated 07.09.2024, is not sustainable in the eyes of law and is liable to be quashed and set aside.

4. Per contra, learned counsel for the respondents opposed the arguments raised by counsel for the petitioner and submitted that the advertisement in question was issued in pursuance of the Recruitment Rules for Faculty of NITs. Counsel submits that as per Schedule-E attached to the aforesaid Rules, the essential qualification for getting appointment on the post of Assistant Professor is holding a Ph.D. degree. Counsel submits that