The possession of essential qualifications and the trivial nature of the issue regarding non-production of an added qualification as part of the essential qualification at the degree level warranted the acceptance of the appellant's application as complete and his appointment as Senior Scientific Officer.

ORDER :

Civil Appeal No. 4484 of 2016 (Arising out of SLP (C) No. 35442 of 2010)

Leave granted.

2. This appeal is directed against the judgment of the Division Bench of the High Court of Delhi dated 30th September, 2010 in WP (C) No. 2734 of 2010 by which the Division Bench set aside the order of the Central Administrative Tribunal (in short 'the CAT') which directed the respondent to accept the application of the appellant as complete since he had already come out meritorious in the selection process appointing him in the post of Senior Scientific Officer in the FSL. The brief facts which are required to be stated are that:

3. There was an Advertisement No.4 dated 6th March, 2009 published in the employment news dated 28th February to 6th March, 2009 by the respondent-Commission inviting application for various posts. At Serial No. 29 of the said Advertisement applications were invited from the eligible candidates for filling up nine posts of Senior Scientific Officers (Biology) in Forensic Science Laboratory, Home Department, Government of Delhi.

4. In the said Advertisement the qualifications prescribed were as under:

“QUALIFICATIONS:ESSENTIAL: (A) EDUCATIONAL Masters Degree in Zoology or Botany or Anthropology or Human Biology or bio-chemistry or micro-Biology or Genetics or Biotechnology or Molecular Biology or Forensic Science with Zoology or Botaby or Forensic Science as one of the subjects at B.Sc. Level from a recognized University. (B) EXPERIENCE : 3 years experience in analytical methods/research therein in the relevant field. DESIRABLE : QUALIFICATIONS, DUTIES and HQ; same as in Item No. 27 above.”

5. In the INSTRUCTIONS AND ADDITIONAL INFORMATION TO CANDIDATES FOR RECRUITMENT BY SELECTION at Serial No. 3 under the head “MINIMUM EDUCATIONAL QUALIFICATIONS” it was stipulated that all the applicants must fulfil the essential requirements for the post. It was further mentioned therein that the candidate should mention all the qualifications and experience in the relevant field over and above the minimum qualification and should attach attested/self certified copies of the certificates in support thereof.

6. In note III of the said paragraph it is specifically mentioned “in regard to Educational Qualifications, the mark sheet in lieu of Educational Certificate will not be accepted by the Commission”. In the same instructions in Serial No. 7 the requirements of CERTIFICATE TO BE ATTACHED, it is mentioned at serial (ii) “Degree or diploma certificate or other certificates in support of their educational qualifications to be attached either by way of attested copies or self certified copies”. By way of Note No. iii, it is mentioned that if no copies of above certificates are sent with the application it is liable to be rejected and no appeal against its rejection would be entertained.

7. Pursuant to the said Advertisement, the appellant filed his application in the printed application form. In Serial No. 9 of the question form it is mentioned as “do you possess the essential qualifications as mentioned in the Advertisement? (Mark 1' for yes and 2' for No)” for which the appellant Marked 1' thereby asserting that he possessed the essential qualifications. His application was dated 3.3.2009.

8. The appellant is already working as Senior Scientific Assistant in the finger print unit at Forensic Science Laboratory. In his resume namely the personal record maintained in his department, the qualification of the appellant right from his secondary school level upto his post-graduate level has been noted. Insofar as his degree qualification is concerned, it is already noted in the resume as Bsc. (Hons.) Zoology 1991-Desh Bandhu College, University of Delhi.

9. The appellant came to know that inspite of fulfilment of all the requirements including the essential qualifications, he was not called for the interview. He therefore approached the CAT by filing OA No. 2492 of 2009 and the Tribunal by its interim order dated 4.9.2009 while issuing no