Point of Law: The general rule is that while applying for any course of study or a post, a person must possess the eligibility qualification on last date fixed for such purpose either in the admission brochure or in application form, as case may be, unless there is an express provision to contrary.

ORDER :

1. Aggrieved against his non-selection for the post of TGT(Arts), petitioner has approached this Court for grant of following substantive reliefs:

(I) That a writ in the nature of mandamus of any other appropriate writ, order or directions, may kindly be issued directing the respondents to award 1 mark to the petitioner for unemployed family, for which he is otherwise legally entitled to, and the respondent No. 1 may be further directed to redraw the merit list for SC(UR) Category and the petitioner may be declared as selected for the appointment to the post of TGT(Arts).

(II) That the writ in the nature of certiorari, or any other appropriate writ, order or directions may kindly be issued quashing the selection and appointment of respondent No. 4 as TGT(Arts).

(III) That the respondents may kindly be directed to appoint the petitioner to the post of TGT(Arts) w.e.f. the date other applicants have been appointed.

2. Respondent No. 1 issued advertisement No. 34-2/2018 dated 19.12.2018 (for short, “Advertisement”) for filling up 495 posts of TGT(Arts) besides other posts. 92 posts were reserved for SC(UR) category.

3. The advertisement prescribed essential qualifications for the post of TGT(Arts). The mode of selection was also prescribed. As per Part-I of mode of selection a written objective type screening test of two hours consisting of multiple choice questions having 85 marks was prescribed. Part-II of mode of selection provided for evaluation process involving 15 marks. The break-up of 15 marks was separately provided. For the purpose of the controversy involved in the case, it will be suffice to notice that 1 (one) mark out of 15 marks allocated for evaluation process was to be allotted on production of non-employment certificate to the effect that none of the family members of the applicant was in Government/Semi-Government service. The certificate was required to be issued by the concerned SDO (C)/Tehsildar/Naib Tehsildar or concerned Panchayat Secretary/ Sahayak and countersigned by concerned Gram Panchayat Pradhan/Up Pradhan.

4. Only those candidates were eligible to participate in evaluation process, who were short-listed after qualifying written objective screening test.

5. Petitioner held essential qualifications for the post of TGT(Arts). Petitioner submitted his Online Recruitment Application (ORA), in response to the advertisement, within stipulated time. Petitioner belonged to SC(UR) category. He qualified the written objective screening test and was called for evaluation on 19.07.2019 vide letter dated 01.07.2019 (Annexure P-7).

6. Petitioner appeared before the evaluation committee on given date i.e. 19.07.2019. In order to claim one mark for member of family of unemployed, petitioner submitted unemployed certificate dated 04.06.2019 (Annexure P-5) issued by the Naib Tehsildar, Bharwain, District Una. The certificate so produced by petitioner read as under:

“UN-EMPLOYED CERTIFICATE

As per report of Pardhan, G.P. BHATER/Patwari Halqua, it is certified that GOVIND SINGH S/o Shri HARI RAM, resident of Village BEHRAN, Sub Tehsil Bharwain, District Una (H.P.) is not employee in any Govt./its agencies, Public Sector undertaking bodies/boards/Corporation etc.

Sd/-

Naib Tehsildar,

Bharwain, Distt. Una, H.P.”

7. Evaluation Committee did not accept the unemployed certificate (Annexure P-5) submitted by the petitioner on the ground that firstly it was not in the prescribed format and, secondly, it was not in accordance with the requirements of advertisement, which required the certificate to ensure that none of the family members of the petitioner was in the service of Government/Semi- Government organization.

8. The final result of selection process for the post of TGT(Arts) was declared on 02.08.2019 and petitioner remained unsuccessful. Petitioner again procured a non- employment certificate dated 13.8.2019 (Annexure P-10) in the requisite format and compliant with the requirements of advertisement. Respondent No. 1 did not