The court upheld that failure to submit a valid OBC-NCL certificate by the cut-off date does not invalidate a candidate's participation in the selection process, allowing for provisional appointments.

JUDGMENT :

ARINDAM LODH, J.

By way of filing the present writ petition, the petitioner, Dr.Rajat Ghosh has sought for a direction for quashing/setting aside the selection/appointment of respondent no.7 (private respondent), Dr. Jagdish Kumar Sahu, who was appointed as an Associate Professor under the respondents-Tripura University (a central University) through a selection process.

2. Shortly stated, the fact of the case of the petitioner is that he being an Assistant Professor under the Tripura University, the respondents no. 1 to 6 herein, had applied for the post of Associate Professor in the department of Pharmacy in terms of an advertisement issued by the respondents-Tripura University on 19.07.2023. The said post was reserved for Other Backward Classes-Non Creamy Layer [for short, OBC-NCL] category of candidates to which he belongs to. Accordingly, call letter was issued to the petitioner and thereafter, on 20.11.2023 verification of the documents and personal interview of the aspirants for the said post was held. The main grievance as ventilated in this writ petition is that the respondent no.7, the private respondent herein, had been selected by the respondents- University for the said post most illegally and arbitrarily as according to the petitioner the respondent no.7 had no 'valid/updated' OBC-NCL certificate as per requisite prescribed format of the Government of India. Being upset with such selection, the petitioner submitted representation through Right to Information Act so as to know as to whether the private respondent had submitted 'valid/updated' OBC-NCL certificate on or before the cut-off date of submitting his application for the said post. But, the respondents- University denied to give any reply to the petitioner and rejected his application compelling him to file the instant writ petition whereby and whereunder he seeks a direction to quash the appointment order of private respondent no.7 to the post of Associate Professor.

3. Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. S. Lodh, learned counsel appearing for the respondents.

4. At the very outset, Mr. Roy Barman, learned senior counsel for the petitioner submitted that in Clause-13 of the “general instruction” of the advertisement dated 19.07.2023, it is clearly prescribed that 'applications for the posts reserved for OBC/SC/ST/PWBD & EWS shall be supported by valid/updated certificate in a Government of India (GOI) prescribed format duly issued by the competent authority'. It is further submitted that the last date (cut-off date) for submission of online application form was 24.08.2023 upto 5.30 pm. It is clearly asserted in the petition that on the date of interview (20.11.2023 as well as on the date of issuing appointment letter (20.11.2023), the private respondent No.7 did not possess the 'valid/updated' OBC-NCL certificate for the year 2023-24 and after getting appointment and at the time of joining, the respondent no.7 had managed to submit his OBC–NCL certificate dated 12.12.2023. Mr. Roy Barman, learned senior counsel has emphatically submitted that as per settled position of law, a candidate/applicant must have to comply with all the conditions and eligibility criteria as laid down in the advertisement and the documents required must be furnished along with the application form on or before the cut-off date mentioned in the advertisement. But, the respondent no.7 failed to submit a 'valid/updated' OBC-NCL certificate for the year 2023-2024 on or before the cut-off date of submission of application. Therefore, according to Mr. Roy Barman, learned senior counsel since the private respondent no.7 did not possess the 'valid/updated' OBC-NCL certificate for the year 2023- 2024, on the cut-off date, his candidature ought not to be considered for selection to the post of Associate Professor in the department of Pharmacy under the respondents-University as i