A candidate must provide appropriate evidence of legal experience as per advertised criteria to be considered eligible for selection.

JUDGMENT

Saurabh Srivastava, J.

All the above referred writ petitions involved identical question of Law and facts. The Writ Petition No. 72605 of 2011 is being treated as leading Writ Petition and the facts of said writ petition is being considered for deciding the controversy involved in all the petitions.

2. Case of the Petitioner

All the petitioners in pursuance of the advertisement dated 07.01.2011, as issued by the F.C.I. for several posts, including 13 posts for A.G.M. (Legal) which subsequently increased to 17 posts applied online through official website of F.C.I. "In the advertisement the qualification and experience as prescribed for the post of A.G.M. (Legal) are being quoted below:-

"i. Degree in Law from recognized university

ii. At least 5 years experience in legal" work in Central/State Government or a Public/Private Sector Undertaking or three years practice at Bar.

Practice at Bar: Apart from providing the certificate from the concerned Bar Council/Association, the candidate shall be required to certify with appropria evidence that she/he has represented in at least 5 matters in a year while practicing at the Bar."

3. In the written test held on 03.04.2011 the petitioners declared successful and called for interview scheduled to be held on 13.05.2011.

4. However, in the final result declared on 10.10.2011, the name of petitioner was not included amongst the selected candidates. Petitioner enquired about his result under R.T.I Act and the Chief Public Information Officer, through reply dated 13.10.2011, informed that the petitioner secured 83 marks out of 120.

5. Petitioner challenged the impugned actions of F.C.I. through the instant writ petition for quashing the selection made by the respondents in pursuance of advertisement dated 08.01.2011 mainly on the grounds that petitioner had submitted an affidavit, disclosing the reference of cases in which he had appeared as counsel in last three years.

6. Respondent's case

Respondent F.C.I. controverted the averments made in writ petition by way of counter affidavit and as per the advertisement dated 08.01.2011 for the post of A.G.M. (Legal) the eligibility for the post of A.G.M. (legal) are as under:-

"1. Degree in Law from a recognized university.

2. At least five years experience in legal work in Central/State Government or a Public/Private sector undertaking or three year practice at Bar.

3. Apart from providing the certificate from the concerned Bar Council/Associating the candidate shall be required to certify with appropriate evidence, that she/he has represent in at least 5 matters in a year while practising at Bar."

7. Respondent FC.I, came with a specific case that the petitioner did not qualify the eligibility criteria which has been consistently and uniformly applied in all the cases including the present case. The petitioner did not provide appropriate evidences that he has represented at least 5 matter in a year, while practising at the Bar and as such the petitioner had not fulfilled one of the prerequisite criteria. For perusal the contention made in para 9 of counter affidavit are reproduced hereunder:

"Para-9: That the para 10 of the writ petition is wholly misconceived, incorrect hence denied. It is humbly submitted that it has been specifically and clearly laid down in the Recruitment Advertisement. Under the column "General Information and instruction" that the 'Candidates should satisfy themselves that they fulfill the required qualification, experience, age etc, before applying for the post. In case it is found that the information furnished by a candidate is defective in any manner or has deliberately suppressed information, the candidature will be summarily rejected as and when it c