Subsequent qualification does not make a candidate eligible if they were not eligible at the cut-off date specified in the advertisement for a selection process.

K.K. Trivedi, J.

1. By this petition under Article 226 of the Constitution of India, the petitioners have sought direction against the respondents to issue order of appointment in respect of the petitioners on the post of Patwari and to send them for training. It is the case of the petitioners that after passing the qualifying examination, the petitioners took part in the selection initiated by the Madhya Pradesh Professional Examination Board for appointment on the post of Patwari, as was notified vide advertisement dated 5-6-2008. 52 posts were concerning the Revenue District Rewa and to become eligible for appointment on the post of Patwari, the candidate required to have passed Higher Secondary and High School examination and also to possess 'O' Level Computer Certificate from the recognized institution or one year diploma in Computer Application from an institution affiliated/recognized/registered by UGC or higher education in Computers. According to the petitioners, since they were possessing a certificate to that effect, they submitted their application. They were allowed to take part in the examination. The result of the examination was declared and petitioners were shown at S. No. 1 and 15 respectively in the merit list issued in respect of Rewa district. It is the case of the petitioners that they were called upon to furnish certain original documents before the Collector, vide memo dated 20-6-2009 and when they produced the certificate of Computer Training, it was stated by the respondents that the petitioners were not having the requisite qualification in Computer Training from the recognized institution, therefore, the same was not to be accepted. Since there were large number of persons, who were denied the appointment, several writ petitions were filed before this Court. A bunch of such cases was decided by this Court and the same was dismissed vide order dated 5-10-2009, as a result the writ petition filed by the petitioners being W.P. No. 8105/2009 was also dismissed on 22-12-2009. During pendency of the said litigation certain directions were issued by the respondents and those, who were having the qualification of 'O' Level Computer Certificate etc. were asked to be sent for Patwari training. The benefit was not extended to the petitioner, therefore, they were required to approach this Court by way of filing present writ petition. It is also the case of the petitioners that during the aforesaid period the petitioners have obtained Post Graduate Diploma Certificate in Computer Science and application from the University on 24-7-2010 and accordingly they have become eligible to be appointed on the post. Since the appointment was not granted to them, the present writ petition was filed.

2. By filing a return the respondents have contended that from the statement made in the petition itself it is clear that the petitioners have obtained the qualification of computer training and application only on 24-7-2010 and since such a qualification was obtained much after the cut-off date prescribed in the advertisement, the subsequent obtaining the qualification would not make the petitioners eligible to take part in the selection as on the cut-off date prescribed in the advertisement, the petitioners were not having the requisite qualification. By way of additional reply it is contended that the process of selection has already been completed long back and since instructions were already issued by the State Government and its authorities giving details of those certificates, which were to be treated equivalent to the qualification prescribed in the advertisement, which the petitioners were not possessing at the relevant time, they would not be entitled to claim the benefit of appointment. Their petition is, thus, liable to be dismissed.

3. Heard learned Counsel for the parties at length and perused the record.

4. It is not in dispute that while issuing the advertisement, the qualifications required to become eligible