The court held that the corrigendum removing 'M.Phil' from eligibility was valid, emphasizing that qualifications in recruitment are set by service rules, not applicants, aligning the advertisement with the relevant regulations.

JUDGMENT

Bhaskar Raj Pradhan, J. - Heard Mr. A.K. Upadhyaya, learned Senior Advocate assisted by Ms. Rachhitta Rai, learned counsel for the petitioners. Also heard Dr. Doma T. Bhutia, learned Additional Advocate General along with Mr. S.K. Chettri, learned Government Advocate for the respondent no.2 and Mr. Bhusan Nepal, learned counsel for the respondent no.1 (SPSC). Perused the writ petition, the counter-affidavit as well as the rejoinder.

2. The issue in the writ petition lies in a narrow compass. The petitioner is aggrieved by the corrigendum dated 09.11.2017 issued by the SPSC seeking to amend the advertisement dated 13.10.2017 inviting applications from eligible candidates for filling up 100 posts of Assistant Professors under the respondent no.2 through direct recruitment. The advertisement provided the minimum qualification required for each of the post advertised. The minimum educational qualification for the post of Assistant Professor was Masters Degree in respective subject with 55% marks, relaxable by 5% for Scheduled Caste/Scheduled Tribes/Differently-abled persons (physically and visually) with NE (SLET)/NET/SET or Ph.D as per UGC Regulation, 2009. The advertisement also provided:

“The candidates who have been awarded a M.Phil/P.hD Degree prior to July 11th 2009 in accordance with the UGC Regulation 2009, are exempted from the requirement of NET/SLET/SET subject to the fulfilment of the following conditions:

a) Ph.D Degree of the candidate awarded in regular mode only;

b) Evaluation of the Ph.D thesis by at least 02(two) external examiners;

c) Open Ph.D Viva-voce of the candidate had been conducted.

d) Candidate had published two research papers from his/her PhD work, out of which at least one must be in a referred journal.

e) Candidate has made at least two presentations in Conference/Seminars, based on his/her Ph.D work.

Note.: (a) to (e) as above are to be certified by the Vice- Chancellor/Pro-Vice Chancellor/Dean (Academic Affairs)/ Dean (University Institution).”

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3. The corrigendum issued about a month later on 09.11.2017 removed the word “M.Phil” appearing in the above quoted paragraph in the advertisement.

4. The petitioners who have M.Phil Degrees are aggrieved by this corrigendum which is challenged in the present writ petition. The petitioners have sought for a direction upon the respondent to withdraw the corrigendum dated 09.11.2017; to consider the M.Phil Degree of the petitioners and to allow them to sit in the interview for the post of Assistant Professor. The petitioners submit that they are duly qualified for the said posts.

5. The advertisement dated 13.10.2017 reflected the minimum educational qualification as per the Sikkim Government College Lecturers’ Recruitment Rules, 1992 (The service rules) as amended by the Sikkim Government College Lecturers’ Recruitment (Amendment) Rules 2011 whereby item 8 in the schedule was substituted with the following:

“8. Educational and other Qualification required for Direct Recruitment:-

(i) The minimum requirements of a good academic record, 55% marks (or and equivalent grade in a point scale wherever grading system is followed) at the Master’s level and qualifying in the National Eligibility Test (NET), or an accredited test (State Level Eligibility Test- SLET/SET), shall remain the minimum requirement for the appointment of Assistant Professors:

Provided however, that 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) Regulat