The main legal point established in the judgment is that a candidate has a right of consideration but not a right of appointment. The judgment emphasizes the importance of meeting minimum qualifications and merit criteria for appointment.

JUDGMENT

G.S. Sandhawalia , J. - In the present writ petition filed under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the selection of respondent No.4 as Assistant Professor in the Department of Food Engineering, being illegal and arbitrary and a result of favouritism, at the cost of the petitioner. Similarly, selection of respondent No.5, in the Department of Food Business Management and Entrepreneurship Development in the category of Physically Handicapped Category instead of General Category, has also been challenged, on account of the fact that petitioner is being deprived of appointment as Assistant Professor in the Department of Food Science and Technology (FST) in the Physically Handicapped (Persons With Physical Disability) [PH PWD)] Category. Resultantly, a writ of mandamus is sought for issuance of directions to respondent No.2 to appoint the petitioner as Assistant Professor along with all consequential benefits including seniority and arrears of pay, from the date of the appointment of others, in pursuance to the advertisement dated 24.07.2016 (Annexure P-2).

2. The pleaded case of the petitioner is that he belongs to the category of persons with disability and certificate dated 18.09.2013 (Annexure P-1), showing his disability as 42% on account of limitation of movement of both hips, knees, ankle, left elbow, shoulder with deformity, has been appended. It is the case of the petitioner that vide the above-said advertisement, applications were invited by respondent No.2 for various faculty posts including Assistant Professors which were 8 in number and there were 2 posts for FST and it was also mentioned that 2 posts were reserved for the Persons With Disability PH (PWD). Thereafter, corrigendum dated 30.11.2016 (Annexure P-4) was issued, raising the number of posts under FST Category to 3 while reducing the posts from FBM from 3 to 2. Petitioner being eligible had applied in response to the said advertisement for the posts of Assistant Professors in FST for which the minimum qualifications were as under:

"MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHING FACULTY (PROFESSOR, ASSOCIATE PROFESSOR AND ASSISTANT PROFESSOR) IS AS PER UGC REGULATIONS 2010 AND AMENDMENTS MADE THEREON).

Besides fulfilling the qualifications specified below for the post of Assistant Professor, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accreited by the UGC like SLET/SET.

Candidates, who are, or have been awarded a 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 on Universities/Colleges/Institutions.

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

API Score as laid down by UGC Regulations will be applicable for teaching posts. Candidates for the posts of Professor and Associate Professor are required to submit cumulative API score based on UGC Regulations along-with application form, if applicable, in the format as prescribed by UGC.

Xxxx xxxx xxxx

1. Assistant Professor

i. Essential

First Class Master's Degree in the appointment branch* of Engineering (Engg.) & Technology (Tech.).

*ME/M.Tech./Two years MS Degree in Food Engineering/Food Technology/Food and Dairy Engineering/Food Science and Technology/Food Technology and Management.

ii. Without prejudice to the above, the following conditions may be considered desirable;

1. Teaching, research industrial and/or professional experience in a reputed organization;

2. Papers presented at Conferences and/or in referred journals."

3. Initially the petitioner was not being considered eligible as he had passed his M.Tech in Food Safety and Quality Management (FSQ