$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 24.02.2025 + W.P.(C) 2218/2025, CM APPL. 10418/2025 & CM APPL.

10419/2025 DR SHRADDHA PAL .....Petitioner Through: Mr. Ashish Mohan, Sr. Advocate with Mr. Saimon Farooqui, Advocate with petitioner in person.

versus JAWAHARLAL NEHRU UNIVERSITY & ORS. .....Respondents Through: Mr. Vasanth Rajasekaran, Sr.

Standing Counsel, JNU & Mr.

Harshvardhan Korada, Advocates.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL):

1. The petitioner is a candidate for appointment to the post of Associate Professor in Centre of Russian Studies [“CRS”], under the Other Backward Classes–Non-Creamy Layer [“OBC-NCL”] category, in the respondent-University, pursuant to an Advertisement bearing No.

RC/71/2024 issued in March 2024.

2. By way of present petition, under Article 226 of the Constitution, the petitioner seeks cancellation of the candidature of a rival candidate bearing application No. bearing 2300060624 [hereinafter, “Dr. X”], on the contention that he was ineligible, due to his failure to submit a valid OBC-NCL certificate before the last date of submission of applications. Dr. X has not been impleaded in the present petition; the petitioner has stated that she does not know his name or contact details.

3. I have heard Mr. Ashish Mohan, learned Senior Counsel for the petitioner, and Mr. Vasanth Rajasekaran, learned Standing Counsel for the respondent-University.

4. The advertisement deals with recruitment for posts of Professors, Associate Professors and Assistant Professors in different Schools and Centres of the respondent-University. Various educational and experience qualification criteria are stipulated with regard to each post.

5. One of the advertised posts is that of Associate Professor, CRS, which is stated to be reserved for OBC candidates. The petitioner and Dr.

X are both applicants for the said post.

6. The first list of provisionally shortlisted candidates was published on 11.10.2024. Dr. X was shortlisted for interview, but the petitioner was not, on the ground of inadequate research score. Pursuant to a provision in the published shortlist, the petitioner submitted a representation dated 15.10.2024 in this regard, which found favour with the University. A final shortlist was issued on 01.01.2025, in which the petitioner and Dr. X were the only two shortlisted candidates. The interview was scheduled for

07.01.2025.

7. The petitioner received an Interview Letter dated 01.01.2025, which stipulated various documents that were to be brought at the time of interview with self-attested copies for verification. The list of documents included the following:

“c) OBC-NCL Certificate as per Govt. of India format issued by the appropriate competent authority after 01.04.2023 along with the self attested copies (wherever applicable).”

8. Both the petitioner and Dr. X participated in the interviews. The selection has not yet been made. However, the petitioner has approached this Court, stating that when Dr. X submitted his documents for verification prior to the interview, in her presence, he did not have a valid OBC-NCL certificate issued in terms of the advertisement and the Interview Letter. It is the petitioner’s submission that Dr. X, who is already employed with the respondent-University as an Assistant Professor, has been considered despite his ineligibility. It may be mentioned that an application filed by the petitioner, under the Right to Information Act, 2005, was rejected on the ground that the information pertaining to the application and documents of Dr. X, is personal information. She has filed an appeal before the Central Information Commission, which remains pending.

9. In the interest of expeditious consideration of the matter, Mr. Rajasekaran, who appeared on advance notice when the matter was first taken up 20.02.2025, was requested to produce the original record before this Court, and the hearing was passed over to enable him to do so. Upon perusal of the record,