The main legal point established in the judgment is that the API score requirement for the post of Associate Professor, as mandated by the UGC Regulations of 2010, is a mandatory provision that must be strictly followed.

JUDGMENT

Dr. S. Muralidhar, CJ. - The challenge in the present writ appeal is to an order dated 2nd April, 2018 passed by the learned Single Judge in W.P.(C) No.4281 of 2018 filed by the present Appellant, questioning the rejection of his candidature for the post of Associate Professor for the constituent colleges of the Biju Patnaik University and Technology (BPUT), i.e., the College of Engineering and Technology, Bhubaneswar (CET), Parala Maharaja College of Engineering (PMEC), Berhampur and Government Engineering College (GEC), Kalahandi on the ground that he had not secured the Academic Performance Indicator (API) marks.

2. The background facts are that pursuant to the advertisements issued by the BPUT on 26th February, 2014 and 30th September, 2014 for the post of Associate Professor, the Appellant had applied. On 11th March 2015, a third advertisement was issued by BPUT for regular faculty positions of Professor, Associate Professor and Assistant Professor in the five Centers for Advanced Post Graduate Studies (M. Tech.) of BPUT, Orissa. Three more advertisements were issued on 13th April, 27th June and 21st December of 2015 asking candidates who had applied earlier for the post of Associate Professor to submit the API form duly filled up with required information for each applied post. It is stated that the Appellant filled up his application form along with the self-attested API score.

3. BPUT came out with another advertisement dated 19th July, 2017 for the post of Associate Professor for its constituent colleges. The Appellant is stated to have applied for the post along with all the requisites and API score with separate summary sheet for each Centre. The Selection Committee called the Appellant for an interview on 18th February, 2018 with the condition of fulfillment of the required API score. The Appellant is stated to have appeared before the Selection Committee. His API score in Categories-I, II and III was about 263. The Appellant was informed verbally that his API score in Category-III was way below than the required score 300. He was accordingly debarred from attending the interview.

4. It is in the above background that W.P.(C) No.4281 of 2018 was filed by the Appellant in this Court. One of the grounds of challenge was that his candidature could not have been rejected on the basis of the API score since this was not a stipulation in the initial advertisement issued on 26th February, 2014; even if it had been provided in a notification dated 5th March, 2010 of the All India Council for Technical Education (AICTE) or the University Grants Commission (UGC) Regulation, without it being adopted by the State Government or reflected in the advertisement, it could not form the basis for rejection of the Appellant's candidature. It was further contended that in other technical colleges, for which the advertisement was issued, there was no such stipulation of minimum API score. Since there were many vacancies, the Appellant had a legitimate expectation of getting the appointment.

5. The response of the State was that in terms of the UGC Guidelines, the minimum API score was a mandatory requirement. For the post of Associate Professor, a candidate had to get the consolidated API score of 300 points in Category-III. This requirement had been formulated by the UGC in terms of Section 26 (1) (e) & (g) of the University Grants Commission Act, 1956 (UGC Act) as well as an Office Memorandum (O.M.) dated 23rd October, 2008 of the Ministry of Human Resources Development (MHRD) read with another O.M. dated 30th August, 2008 of the Ministry of Finance (Department of Expenditure) and in terms of a notification dated 31st December, 2008 of the MHRD. Reference was also made to the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations 2010 (hereafter UGC Regulations of 2010