Point of Law: 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 for receiving applications, unless, of course, notification calling for applications itself specifies such a date.

JUDGMENT :

Tarlok Singh Chauhan, Judge

Whether a qualification acquired by a candidate subsequent to the prescribed date can be taken into consideration to adjudge the eligibility or acquisition of higher qualification is the moot question to be decided in the instant petition?

2. The respondent-University issued an Advertisement No.Rectt.-17/2019 dated 30.12.2019 for filling up various teaching and administrative posts through direct recruitment. In terms of the advertisement, the crucial date i.e. the closing date for determining the eligibility of all candidates in respect of essential qualification(s) and experience, if any, etc. was 30.01.2020; as is evident from important Instruction No.2 appended with the advertisement which reads as under:-

“2. Date for determining eligibility of all candidates in respect of essential qualification(s) and experience, if any, etc. shall be the prescribed closing date for submission of Online Application i.e. 30-01-2020 (Closing date).”

3. The petitioner is an applicant for the post of Assistant Professor in Computer Science (BCA/MCA/PGDCA) in ICDEOL, Himachal Pradesh University, for which post the minimum qualification is as per the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (hereinafter to be called as ‘UGC Regulations, 2018’).

4. As per the decision taken in the meetings of the Executive Council held on 10.06.1981 and 12.06.1981, an advertisement is to be operational upto one year. However, in the instant case, the time limit for the advertisement was extended by another six months upto 30th June, 2021.

5. It is the admitted case of the parties that as on the closing date for determining the eligibility of candidates i.e. 30.01.2020, the petitioner had not been awarded Ph.D. Degree as the same was obtained by him only in the month of December, 2020.

6. However, the petitioner made a representation to the respondent-University to consider the additional higher qualification obtained by him after the closing date as per the advertisement, but the same was rejected vide communication dated 30.01.2021 (Annexure P-5) and aggrieved thereby the petitioner has filed the instant petition for grant of the following relief:-

“That the decision taken by the respondent university (Annexure P-5), not to consider the additional higher educational qualification i.e. the Degree of Ph.D. obtained by the petitioner after the issuance of the advertisement for the post of Assistant Professor in Computer Science (BCA/MCA/PGDCA) in ICDEOL, Himachal Pradesh University, advertised vide Advertisement No. 17/2019, issued on 30/12/2019; may kindly be quashed and set aside and the writ of mandamus may kindly be issued, directing the respondent university to take into consideration the additional higher educational qualification i.e. Ph.D. in Computer Science, for the above mentioned post of Assistant Professor in Computer Science (BCA/MCA/PGDCA) in ICDEOL, HPU, Shimla-05; for which the interviews are yet to be conducted and for which the petitioner has already applied and is eligible as per UGC regulations, 2018 at the time of applying for the said post of Assistant Professor Or alternatively the decision taken by the respondent university in the meeting of Executive Council on 21/11/2020 (Annexure P-9) to extend the time limit of the advertisement for other six months after the expiry of the time limit of one year, may kindly be quashed and set aside in the interest of justice.”

7. The respondent has filed its reply wherein it is stated that due to outbreak of Covid-19 Pandemic, the State Government imposed lockdown and, therefore, the recruitment process on the basis of the advertisement could not be started till mid August, 2020. Resultantly, the selection process on all the advertised posts could not be completed within the prescribed validity period of advertisement