The legality of shortlisting candidates for a selection process based on rational and reasonable criteria, even if not explicitly mentioned in the advertisement, is upheld by the court.

JUDGMENT :

1. Heard Sri Namit Srivastava, learned counsel for the writ petitioner, notice on behalf of the first respondent has been accepted by the Office of learned ASGI, Sri Ajal Krishna, learned counsel who appears for respondent No. 2 and Ms. Pooja Agarwal, learned counsel who appears for respondents No. 3, 4 and 5.

2. Since affidavits have been exchanged between the parties and the rival parties do not propose to file any further affidavit, thus, with the consent of the parties, the writ petition is being decided at the fresh stage.

3. The case of the writ petitioner is that the third respondent, Director, Indian Institute of Technology, Banaras Hindu University (hereinafter referred to as the respondent institute) got published an advertisement No. 2 of 2022-23 inviting online applications for non-faculty post in Administrative/Ministerial/Works Department/Technical Sector in the Indian Institute of Technology, Banaras Hindu University including the post of Assistant Registrar. As per same the opening date for submission of online application was 04.02.2023 and the last date of submission of online application was 28.02.2023 till 5:00 P.M. The writ petitioner claims to have applied for the post of Assistant Registrar break up whereof was 1 OBC, 1 ST, 2 Un-reserved Level 10 and the upper age limit as on the last date of submission of online application was 45 years. The essential qualification for the said post was Masters Degree with at least 55% of the marks or its equivalent Grade 'B' in the UGC seven point scale along with a good academic record. Relaxation of 5% marks (from 55% to 50%) would be provided at Masters Level in the case of SC/ST/PD candidates. So far as desirable qualifications are concerned degree in Management or LL.B, knowledge of Computer, knowledge of GOI rules, familiarity with working in technical/educational institutions of higher education was provided containing a note that the selection process may consist of written test, group discussion and interview.

4. Under the general instructions to the candidates clause 4 provided as under:-

“4. Mere eligibility will not entitle any candidate for being called for interview/appear in the selection process. More stringent criteria may be applied for short-listing the candidates at any stage of the selection process. Applicants having higher qualification and merit may be given preference.”

5. The writ petitioner claims to have applied for the said post and the application form has been appended as Annexure 2 at page 24 relevant extract at page 25 dated 24.02.2023 reference whereof has been given in para 5. According to the writ petitioner, he possessed the necessary qualification of 10th ICSE, CMS with 77.50 marks, 12th ISE. CMS, Lucknow with 69.80 marks, Graduation from Lucknow University from the subject Eco-Social Work AIH 2006 with 50.60 marks and Post-Graduation JIIT University JBS subject, MBA in the year 2009 with 83 marks. The writ petitioner alleges that on 28.04.2023 a communication has been issued under the caption "notice" wherein a list of applicants not eligible for the post of Assistant Registrar was published in which the name of the writ petitioner has been mentioned at serial No. 582.

6. The writ petitioner being shocked and surprised to gather knowledge that he has been not found to be eligible preferred an E Mail dated 01.05.2023 which was responded by the University on 17.05.2023 that, during the course of short listing he was not found to be eligible for the post of Assistant Registrar.

7. Questioning the said communication dated 28.04.2023 and 17.05.2023 the writ petitioner has filed the present writ petition.

8. This Court entertained the writ petition on 05.10.2023 while passing the following orders.-

"The argument of the learned counsel for the writ petitioner is that pursuant to an advertisement published by the respondent-University under the caption "Indian Institute of Technology, Banaras Hindu University, Advertisement No.02/2022-23