Eligibility for public service roles must strictly adhere to announced qualifications as of application deadlines; candidates cannot be disqualified based on later-acquired qualifications.

JUDGMENT

S.G. Chattopadhyay, J. - The present writ appeal arises from the judgment and order dated 27.11.2019 passed by the learned Single Judge in WP(C) No. 1310 of 2017.

2. The factual background of the case is as under:

Appellant came out with an advertisement dated 01.07.2016 inviting applications for filling up 34 permanent posts of Dental Surgeon under the Health and Family Welfare Department, Government of Tripura. The said advertisement contained that educational qualifications for the post would be as under:

'(a) Essential:- A recognized Dental qualification included in Part-I & Part-III of the Schedule of the Dentist Act, 1948, as appended to this schedule.

(b) Preferable:

(i) Recognized post-graduate degree as appended to this schedule.

(ii) Working knowledge of Bengali.'

3. It was also stipulated in the said advertisement that the applicants must be in possession of the prescribed minimum qualification(s) for the post on the closing date for submission of applications as mentioned in the said advertisement and the closing date for submission of application was mentioned as 30.07.2016. The advertisement also contained that decision of the Tripura Public Service Commission as to the eligibility or otherwise of a candidate at any stage of selection process shall be final.

4. Pursuant to the said advertisement, respondent No. 1 (the original writ petitioner) who passed the fourth professional examination of Bachelor of Dental Surgery from Srimanta Sankaradeva University of Health Sciences, Guwahati, Assam in June, 2015 submitted her application for the said post of Dental Surgeon on 22.07.2016. Thereafter, on the basis of a written communication dated 07.12.2016 received from the Director of Health Services, Government of Tripura, the appellant published a notification dated 09.12.2016 clarifying that registration certificate after completion of BDS/MDS would be essential for appointment to the post of Dental Surgeon. Under the said notification, the candidates who applied for the post were informed that those who did not submit registration certificate along with their application form would be provisionally allowed to sit in the written screening test. But they would have to submit registration certificate issued on or before the closing date of receipt of application i.e. 30.07.2016 during the interview process failing which his/her candidature would be summarily rejected. It would be appropriate to reproduce the said notification dated 09.12.2016 which is as under:

'NOTIFICATION

No. F.11(26-17)-Rectt./TPSC/2013

Agartala

Dated, 9th December, 2016

Ref:- Commission's Advt. No. 06/2016 dated, 27.06.2016.

The recruitment rule for the post of Dental Surgeon, Ex Cadre under Health & Family Welfare Department, Govt. of Tripura contains no specific guide line for submission of registration Certificate with application form.

The Health & Family Welfare Dept. vide its letter No. F.3(479)-HFW/2016 dated 07.12.2016 informed that Registration Certificate after completion of BDS/MDS is essential for appointment to the post of Dental Surgeon.

It is for information of all concerned that the candidates who did not submit Registration Certificate along with the application form will be provisionally allowed to sit in the written screening test. The candidates will have to submit Registration Certificate issued on or before the closing date of receipt of application i.e. 30.07.2016 during the interview process failing which his/her candidature will be summarily rejected. Other terms and condition shall remain unchanged.

For Further details please visit-wwe.tpsc.gov.in.

Sd/-

(S. Riyan)

Secretary,

TPSC'

5. T