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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, PANKAJ PUROHIT, JJ.
Naveen Singh Chauhan – Petitioner
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (S/B) No. 461 of 2024
Decided On : 20-08-2024
Qualification - Candidature Rejection - Uttar Pradesh Agriculture Group-B Service Rules, 1995 - The court upheld the rejection of the petitioner's candidature based on the qualifications required at the time of advertisement, emphasizing that changes in eligibility criteria cannot be applied retroactively.
Fact of the Case:
The petitioner challenged the rejection of his candidature for the post of Assistant Director, arguing that his B. Tech. in Agricultural Engineering should be considered equivalent to the required qualifications as per a subsequent amendment to the recruitment rules.
Finding of the Court:
The court found that the eligibility criteria must be assessed based on the rules in effect at the time of the advertisement, and the subsequent amendment could not retroactively apply to the ongoing selection process.
Issues: Whether the petitioner’s B. Tech. in Agricultural Engineering qualifies him for the post of Assistant Director under the recruitment rules in effect at the time of advertisement.
Ratio Decidendi: The court held that eligibility for recruitment must be determined by the rules applicable at the time of the advertisement, and subsequent amendments do not affect ongoing selection processes.
Result: The writ petition is dismissed.
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. By means of this writ petition, petitioner has sought the following substantive reliefs:
(II) Issue a writ, order or direction in the nature of Mandamus directing the respondents to treat the candidature of the petitioner as suitable and eligible for the post of Assistant Commissioner Sugar Cane and Assistant Director Agriculture and Soil Conservation Officer (Development Branch) advertised vide Advertisement dated 10.08.2021 (Annexure No. 4 to the writ petition), on the basis of educational qualification possessed by the petitioner.
(III) Issue a writ, order or direction in the nature of Mandamus directing the respondents to treat the Degree of B. Tech. in Agriculture Engineering as an equivalent qualification for the purposes of being considered for appointment on the post of Assistant Commissioner Sugar Cane and Assistant Director Agriculture and Soil Conservation Officer (Development Branch) advertised vide Advertisement dated 10.08.2021 (Annexure No. 4 to the writ petition).”
2. Petitioner is aggrieved by rejection of his candidature for appointment to Group-B post of Assistant Director, Agriculture and Soil Conservation Officer (Development Branch), vide order dated 12.07.2024, passed by Uttarakhand Public Service Commission.
3. It is not in dispute that petitioner possesses Bachelor of Technology (Agricultural Engineering) qualification. He relies on notification dated 10.12.2021, whereby Uttar Pradesh Agriculture Group-B Service Rules, 1995 were amended and Bachelor’s degree in Agricultural Engineering was recognised as one of the qualification needed for appointment to Agriculture, Group-B Service, including post of Assistant Director, Investment/ Engineering/ Agriculture Protection/ Monitoring/ Soil Testing etc.
4. Based on the said amendment, made vide notification dated 10.12.2021, learned counsel for the petitioner contended that since Bachelors degree in Agricultural Engineering is one of the qualification for appointment as Assistant Director, therefore, rejection of petitioner’s candidature by Public Service Commission is unsustainable in the eyes of law.
5. Learned counsel for the Public Service Commission submitted that the relevant recruitment Rules were amended vide notification dated 10.12.2021; while, advertisement was issued by the Commission on 10.08.2021 as per the requisition sent by State Government. Thus, he submits that eligibility conditions, if altered after commencement of selection process, cannot be made applicable to ongoing selection, as rules of the game cannot be changed midway.
6. We find substance in the said submission. Even if Bachelors degree in Agricultural Engineering has been added as one of the qualification for appointment to the post in question after issuance of advertisement, then also petitioner cannot claim benefit of such changed qualification, and his eligibility has to be seen with reference to the Rules as were prevailing on the date of commencement of selection process.
7. As per the recruitment Rules in vogue at the time of advertisement, a candidate with Bachelors degree in Agriculture or possessing any qualification recognised by the State Government as equivalent thereto, alone is eligible for appointment to the post in question. Thus, subsequent amendment in the Rules will not improve the case of petitioner.
8. Learned counsel for the petitioner submits that the application submitted by the petitioner pursuant
Eligibility criteria for recruitment must be based on rules in effect at the time of advertisement, and subsequent changes cannot be applied retroactively.
Eligibility for a position must be determined based on qualifications held at the time of application, with no allowance for subsequent changes or clarifications.
The main legal point established in the judgment is that the equivalence of degrees for a specific job position must be determined based on the qualifications prescribed in the notification, and the ....
The decision emphasized that the rejection of a candidate's candidature should be based on the specified qualifications and not on opinions that are not in line with the rules and advertisement.
Possession of a higher qualification does not necessarily make one eligible for a post requiring a lower qualification, as the specific educational requirements outlined in the relevant rules must be....
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