Eligibility criteria for recruitment must adhere to regulations in force at the time of advertisement; subsequent amendments cannot be applied retroactively.

JUDGMENT :

1. This joint petition has been filed by the petitioners challenging rejection of their candidatures for the post of Lecturers Music (Vocal) and have prayed that they may be treated as eligible for holding the aforesaid post ignoring the requirement of “Good Academic Record” in the light of UGC (Minimum Qualification Required for the Appointment and Teacher and Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standard in Higher Education), Regulations, 2018 (hereinafter referred to as, ‘the Regulations of 2018’) and accordingly, they may be appointed pursuant to the advertisement dated 12.01.2015.

2. Facts in brief are that the petitioner No.1 claims to possess qualification of Secondary, Senior Secondary, Graduation with Arts Subjects as well as Post Graduate Degree in Music with First Division. He also owns to his credit certificates of NET and SLET as well as Degree of Ph.D. It has also been mentioned in the petition that the petitioner No.1 is working as Lecturer (Indian Music)since 28.01.2016.

3. So far as petitioner No.2 is concerned, he also claims to possess certificates of Secondary, Senior Secondary, Graduation with Arts subjects, Master in Arts as well as certificate of NET issued by UGC. As per the writ petition, he belongs to ST category.

4. Rajasthan Public Service Commission, Ajmer, Rajasthan, issued one advertisement dated 12.01.2015 whereby applications were invited from eligible candidates for appointment on the post of College Lecturer Music (Vocal). Initially, seven vacancies in the aforesaid subject was sought to be filled, out of which two vacancies were reserved for SC candidates and three for ST category. Thereafter, one corrigendum was issued whereby vacancies were increased from 7 to 8. In addition to vacancies shown in original advertisement, one vacancy of OBC was added.

5. Entire recruitment process along with all the necessary details has been reflected in the advertisement. The educational qualifications required for the aspirants intending to apply pursuant to advertisement have also been given in Clause 4.4.2 of the advertisement in the following manner:-

“4.4.2. MUSIC, PERFORMING ARTS, VISUAL ARTS AND OTHER TRADITIONAL INDIAN ART FORMS LIKE SCULPTURE ETC.

4.4.2.1 MUSIC AND DANCE DISCIPLINE

(i) Good academic record with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master’s Degree level, in the relevant subject or an equivalent degree from an Indian/Foreign University.

(ii) Besides fulfilling the above qualifications, candidates must have cleared the National Eligibility Test (NET) for lecturers conducted by the UGC, CSIR, or similar test accredited by the UGC.

(iii) Notwithstanding anything contained in the sub-clauses (i) and (ii) to this Clause 4.4.2.1, candidates, who are, or have been awarded Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions.

(iv) NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted.

OR

i. A traditional and a professional artist with highly commendable professional achievement in the concerned subject, who should have:

(a) Studied under noted/reputed traditional masters and has thorough knowledge to explain the subject concerned.

(b) A high grade artist of AIR/TV; and

(c) Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in that discipline.”

6. Petitioners have come out with a case that although they are possessing the requisite educational qualification shown in the advertisement, yet the term “Good Academic Record”, mentioned in the advertisemen