The terms of an advertisement are binding on both candidates and the selecting authority, and candidates are estopped from challenging notified eligibility criteria or claiming relaxation after participating in the selection process.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1232/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6586/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Allow the present writ petition;

b) Certiorari seeking to quash Selection List of Distt. Cadre. Poonch (Education Department) in pursuance of Advertisement Notice No. 07 of 2010 Dated 12.11.2010 published and issued by J&K Service Selection Board to the extent the said list excludes the name of the petitioner.

c) Mandamus directing the respondent to include and add the marks secured by the petitioner in Post Graduation from Vinayaka Mission University Salem Tamil Nadu into the marks already secured by the petitioner in the selection process.

d) Mandamus directing the respondent J&K SSB to include the name of the petitioner in the Final Selection List after giving weightage to the marks secured by the petitioner in P.G Degree (on pro-rata basis) and subsequently recommend the name of the petitioner for appointment for the post of Teacher in Distt. Cadre Poonch.

e) Mandamus declaring that the Post Graduate Degree obtained by the petitioner in the Post Graduation from Vinayaka Mission University Salem Tamil Nadu which are duly recognized by Distance Education Council and UGC, with the further direction to the official respondents to accord consideration to the petitioner for the post of teachers on the basis of degrees acquired by them through Distance mode from Vinayaka Mission University.

f) Any other additional / alternate relief, which this Hon'ble Court may, in the facts and circumstances of the case may consider fit and appropriate be granted in favor of the petitioner and against the respondents.

3. The facts of the case as pleaded by the petitioner in her pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 1232/2018, originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu, which upon transfer stood registered as T.A. No. 6586/2021 before this Tribunal. The applicant had participated in the selection process initiated pursuant to Advertisement Notification No. 07 of 2010 dated 12.11.2010 issued by the Jammu and Kashmir Services Selection Board for filling up 267 posts of General Line Teachers in District Cadre Poonch under the School Education Department.

b) The applicant claims that she possesses the requisite academic qualifications, having passed 10+2, graduation and B.Ed. from recognized institutions, and thereafter obtained a Post-Graduate degree (M.Sc. Environmental Studies) through distance mode from Vinayaka Missions University, Salem, Tamil Nadu, a deemed university under Section 3 of the UGC Act, 1956 . It is the case of the applicant that the said University is recognized by UGC and Distance Education Council and is also a member of the Association of Indian Universities. According to the applicant, she was issued a bonafide certificate by the Directorate of Distance Education of the said University, certifying her enrollment and completion of the Post-Graduate course.

c) The applicant applied under Open Merit category and was duly shortlisted and called for interview. She appeared before the Selection Committee on the notified date and produced her original certificates, including the Post-Graduate degree and bonafide certificate. The applicant asserts that despite having high academic merit and performing well in viva-voce, her Post-Graduate qualif