Re-evaluation results do not relate back to original results; eligibility for appointment must be assessed as of the cut-off date.

ORDER :

1. The instant writ petition has been preferred by the petitioner with the following prayer:-

“(I) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to allow the petitioner to continue render her duties as PTI in pursuance of appointment order dated 15.12.2023 (Annex.9) and as per as Inspection Performa (Annex/8).

(II) Issue an appropriate writ, order or direction in the nature thereof thereby, the impugned Order dated 16.01.2025 may kindly be quashed and set aside.

(III) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to consider the BPED (IV) Semester Final Result of petitioner as 19.09.2022 instead of 23.11.2022 in compliance of Certificate dated 14.12.2022.

(IV) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.

(V) Cost of the writ petition be also awarded in favour of the petitioner.”

2. By way of filing this writ petition, a challenge has been led to the impugned order dated 16.01.2025 by which appointment of the petitioner on the post of Physical Training Instructor (for short ‘the PTI’) has been cancelled.

3. Learned counsel for the petitioner submits that pursuant to the advertisement dated 16.06.2022, the petitioner participated in the process of selection for appointment on the post of PTI. Counsel submits that as per the terms and conditions mentioned in Clause 7 of the advertisement, under the head “Eligibility and Education Qualification” the required qualification for getting appointment on the said post was Senior Secondary or its equivalent examination from a recognized Board and also one should have a Certificate in Physical Education (C.P.Ed.) or Diploma in Physical Education (D.P.Ed.) or Bachelor in Physical Education (B.P.Ed.) recognized by the Government/ National Council for Teacher Education. Counsel submits that a note was appended to the Advertisement in the aforesaid clause that those persons who are appearing in the qualifying examination would be entitled to participate in the selection process, subject to the condition that they possess the requisite qualification on or before the date of written examination of PTI. Counsel submits that the petitioner appeared in the qualifying examination of PTI and her result was declared on 19.09.2022, wherein she was declared as ‘FAIL’ in one paper for which she submitted an application for re-evaluation of answer-sheet and the result of re-evaluation was declared by the University on 23.11.2022, wherein the petitioner was declared as ‘PASS’, hence, her result of re-evaluation would be declared to be the original result as declared on 19.09.2022.

4. Counsel submits that the written examination for the post of PTI was conducted by the respondents on 25.09.2022 and the petitioner passed the said examination prior to the aforesaid date, i.e., on 19.09.2022. Counsel submits that the petitioner was selected for appointment on the post of PTI, on the basis of merit secured by her and treating her as eligible for the said post, appointment was offered to her on 15.12.2022, but her appointment has been cancelled by the respondents on 16.01.2025 after her joining, on a technical count that she was not in possession of the requisite educational qualification, on the date of written examination, i.e., 25.09.2022. Counsel submits that the result declared after re-evaluation would be deemed to be the original result and it will be applicable from 19.09.2022, hence, under these circumstances, the petitioner could not be treated as ineligible in any manner.

5. In support of his contentions, learned counsel for the petitioner has placed reliance upon upon the following judgments:-

1. Parmila Rani Vs. The State of Rajasthan and Ors. while deciding S.B. Civil Writ Petition No. 13355/2016 vide order dated 09.03.2017.

2. Koushalya Bai Meena Vs. Jai Narain Vyas Unive