Candidature can be cancelled at document verification if qualifications do not match notification, despite prior participation.

ORDER

(By Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri Vinod Kumar, learned counsel for the applicant and Shri Vidyapati Tripathi, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed by the applicant seeking following relief:

“(i) To issue an order / direction in the suitable nature quashing the impugned cancellation order dated 21.05.2012 issued by respondent no. 2 (Annexure No. A-1 to this Original Application with Compilation No I)

(ii) to issue an order or direction in the suitable nature of mandamus directing the respondents authorities to issue an appointment letter in favour of the applicant by treating him suitable candidate for the post of Scientific Assistant in Indian Metrological Department 2011.

(iii) to issue any order or direction, which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) to award the cost of the Application to the applicant.”

3. The instant original application has been filed by the applicant challenging the order dated 21.05.2012 issued by the respondent no 2 i.e., The Government of India, Department of Personnel & Training, Staff Selection Commission, New Delhi, by which the candidature of the applicant for appointment on the post of Scientific Assistant against the notification issued through Employment News dated 07.10.2011 has been cancelled. The brief facts of the case is that the applicant had applied in the aforesaid advertisement so much so that he participated in all the stages of the examination but his name was not found in the list of the successfully selected candidates and further vide impugned order dated 21.05.2012, the applicant was informed that his candidature has been cancelled mentioning therein that the applicant possessed Diploma in Information Technology which is not equivalent to the educational qualification for the recruitment as prescribed in the notification. Attributing the aforesaid impugned order as illegal, the applicant, by way of this OA, seeks the quashing of the same thereby directing the respondents’ authorities to issue offer of appointment in favour of the applicant treating him as suitable candidate for the post of Scientific Assistant against the advertised vacancy.

Counter has been filed by the respondents wherein it has been stated that the department holds all the right to disqualify a candidate or cancel his candidature if his educational qualification are not found at par with the requisite educational qualification as was prescribed in the notification and same has been done in the case of the applicant. Upon verification, it was found that applicant possessed Diploma in Information Technology which is not equivalent to the educational qualification for the recruitment as prescribed in the notification and accordingly, order dated 21.05.2012 was issued cancelling the candidature of the applicant and no illegality can be attributed to the said order.

4. We have heard learned counsel for the parties and perused the records.

5. Learned counsel for the applicant submitted that the applicant applied against the notification published in the employment news dated 07.10.2011. A call letter for written examination was issued and applicant appeared in the same and was successful in it. Thereafter, the applicant also appeared in the later stage of the examination and was also successful in it. Lastly, the document verification was also done. When final result was published, applicant’s name was not found in the list. The applicant preferred an application before the