Possession of the requisite educational qualification on the cut-off date specified in the advertisement is mandatory for participating in the selection process.

JUDGMENT

R.S. Jha, J.

1. The facts and issues involved in both these petitions being identical, they are heard and decided concomitantly.

The petitioners, who are all students prosecuting a Bachelors degree course in Veterinary Science, have filed this petition praying for a direction to the respondents to permit them to participate in the selection process initiated by the respondents for making appointments on the post of Veterinary Assistant Surgeon by issuing an advertisement dated 8-10-2012 as well as the subsequent clarification to the said advertisement issued on 10-12-2012 and 31-12-2012. The petitioners are aggrieved by the fact that their forms/applications for participating in the selection process have been rejected by the respondents on the ground that they do not possess the requisite necessary educational qualification prescribed by law.

The brief facts, necessary for adjudicating the issue raised by the petitioners in both the petitions, are that the petitioners applied for appointment on the post of Veterinary Assistant Surgeon pursuant to the advertisement issued on 8-10-2012 wherein 308 posts of Veterinary Assistant Surgeon were advertised. The advertisement clearly specified that the last date for filling online application was 9-11-2012 whereas the last date for accepting application forms by hand would be 24-11-2012.

The advertisement also stipulates that the candidate concerned must possess the requisite qualifications on the cut-off date prescribed for accepting online application forms. The advertisement also prescribed that the necessary educational qualification required for consideration of cases for appointment on the post of Veterinary Assistant Surgeon was a Degree of Bachelor in Veterinary Science from any recognized Indian University and the necessary registration under the provisions of the Indian Veterinary Council Act, 1984 (hereinafter referred to as 'the Act of 1984'). By notification dated 10-12-2012 the number of posts were increased to 504 and the last date for filling up online application also extended to 16-12-2012 whereas the last date for accepting application forms by hand was extended to 26-12-2012. On 31-12-2012 another clarification was issued whereby the number of posts advertised was increased to 525 while maintaining all the other conditions of advertisement previously notified.

All the petitioners, at the relevant time, were students who were undergoing studies in the Nanaji Deshmukh Veterinary Science University, Jabalpur and had completed the written part of their course, pursuant to which they have been granted a course completion certificate on 22-12-2012, copies of which have been collectively filed along with the petition as Annexure P-2 and were also granted provisional registration for the purposes of undertaking internship by the M.P. Veterinary Council, Bhopal on 24-12-2012, copies of which have been collectively filed as Annexure P-3.

On the strength of the aforesaid documents the petitioners applied for being considered for appointment on the post of Veterinary Assistant Surgeon but their applications were not accepted on the ground that they do not possess the necessary educational qualification prescribed by the Rules, i.e. a Degree of Bachelor in Veterinary Science and Animal Husbandry. The petitioners, being aggrieved, have filed these petitions.

2. It is pertinent to note that by an interim order dated 4-4-2013 the petitioners have been permitted to participate in the selection process subject to the condition that their result shall not be declared without the leave of the Court and their participation in the selection process would not create any equity in their favour.

3. The learned counsel for the petitioner submits that the petitioners are fully qualified for being considered for appointment on the post of Veterinary Assistant Surgeon in view of the provisions of the Indian Veterinary Council Act and the Regulations of 1993 framed thereunder. It is submitted b