IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 13717 of 2010 Date of Decision: 4.8.2010. Rajesh Kumar --Petitioner Versus Maharshi Dayanand University, Rohtak --Respondent CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vikas Kumar, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Vide Advertisement No.2 of 2009 Maharishi Dayanand University, Rohtak invited applications for the post of Professor, Readers and Lecturers in various streams including Microbiology. As many as 4 posts of Lecturers in Microbiology were notified; 3 in general category and 1 reserved for Scheduled Castes. The petitioner applied in response to the aforesaid advertisement. Last date for making application was 10.9.2009. The minimum qualification prescribed for the post of Lecturer is as under:- “ Good academc record with at least 55% of the marks at the Master's degree level in the relevant subject from an Indian University or an equivalent degree from a Foreign University its equivalent grade of B in the 7 Point scale with latter grades O,A,B,C,D,E & F. Note:- (i) A relaxation of 5% may be provided from 55% to 50% of marks of the Master's level for the SC/ST categories and Physically & visually handicapped persons. (ii) B in the 7 point scale with latter grade O,A,B,C,D,E & F shall be regarded as equivalent of Lecturers in University/Colleges/Institutions. CWP. No. 13717 of 2010 -2- (iii) NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in University/Colleges/Institutions. Provided, however, that candidates who are or have been awarded Ph.D degree in compliance of the University Grants Commission (minimum standards and procedures for award of Ph.D. Degree), Regulation 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment as Assistant Professor or equivalent positions in University/Colleges/Institutions. Provided further that the candidates who have acquired Ph.D upto 31st May, 2009 shall also be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment to the posts of Lecturers or equivalent positions in Universities/Colleges/Institution. Provided further that those candidates who have been enrolled for Ph.D up to 31st May 2009 shall become eligible for exemption from the requirement of the minimum eligibility condition of NET/SLET for requirement and appointment to the posts of lecturers or equivalent positions in Universities/Colleges/Institutions only on acquisition of Ph.D. Degree.” At the time of making application the petitioner was having Post Graduation qualification of M.Sc. in Microbiology and had submitted his thesis for degree of Ph.D in the discipline of Dairy Microbiology. He was yet to be called for viva voce on consideration of his doctoral thesis. The petitioner completed the Ph.D on 14.11.2009. He was issued a call letter dated 24.12.2009 for appearance before the Selection Committee on 3.1.2010. The petitioner participated in the interview. In the merit list CWP. No. 13717 of 2010 -3- prepared petitioner's name figures at Sr. No.3 under general category. It is stated that the Executive Council of the university approved the recommendations of the Selection Committee vide Resolution No.42 in its meeting held on 9.1.2010. After the select list was prepared, the petitioner was called to submit the proof of Ph.D degree. The petitioner produced the provisional Ph.D degree certificate issued to him on 23.11.2009 by the Controller of Examination, National Dairy Research Institute, Karnal. The petitioner has not been appointed despite selection. Present petition has been filed seeking a direction for the appointment on the post of Lecturer in Microbiology on the basis of selection. It is stated that the petitioner came to know that he has been denied appointment as he was not having Ph.D degree before the last date for making applications. It is not in dispute that the last date of selection was 10.9.2009 and the petitioner was not possessed of his Ph.D. Degree up to the last date. Ph.D. Degree was granted to the petitioner on 23.11.2009. It is equally a fact that the petitioner was selected. The essential qualification for the post of Lecturer as per the advertisement is 50% marks in Post Graduation level and N.E.T/S.L.E.T qualification. Indubitably petitioner has not qualified N.E.T/S.L.E.T, an essential eligibility for selection/appointment to the post of Lecturer. This eligibility is exempted only for such candidates who are Ph.D. Though, the petitioner had submitted thesis for Ph.D at the time of making application but he was not even interviewed nor had been granted Ph.D Degree up to the last date of making application i.e. 10.9.2009. Under the advertisement the eligibility is to be seen as on the last date of making application. CWP. No. 13717 of 2010 -4- This issue is no more res integra. In a case reported as 1997 (4) SCC 18 titled as Ashok Kumar Sharma and others Vs. Chander Shekhar and another, the Hon'ble Supreme Court reviewed its earlier judgment in Ashok Kumar Sharma Vs. Chander Shekhar and another reported as 1993 Suppl. (2) SCC 611, wherein the Hon'ble Supreme Court had allowed the qualifications/eligibility up to the date of interview. Later it has been held that the eligibility is to be seen only on the last date of the receipt of application. The petitioner has referred to and relied upon a latest judgement of the Hon'ble Supreme Court reported as 2000(2) RSJ 728 titled as Bhupinderpal Singh and others Vs. State of Punjab and others. In this case admittedly some of the candidates who had not acquired eligibility on the last date of making application were selected. Some of them were appointed, whereas few were denied appointment despite selection. Hon'ble Supreme Court while exercising jurisdiction under Section 142 of the Constitution vested in it permitted such appointees to continue. However, in so far the proposition of law is concerned, the settled law laid down in Ashok Kumar Sharma's case has been reiterated. Relevant observations made in para 13 of the judgement read as under:- “ 13. Placing reliance on the decisions of this Court in Ashok Kumar Sharma Vs. Chander Shekhar & Anr., 1997 (3) RSJ 26(SC): JT 1997(4) SC 99; A.P. Public Service Commission Vs. B. Sarat Chandra & Ors., 1990 (2) RSJ 141 (SC): 1990(4) SLR 235; The Distt. Collector and Chairman, Social Welfare Residential School Society Vizianagaram and Anr. Vs. M. Tripura Sundari Deve 1990(2) RSJ 139 (SC): 1990(4) SLR 237; Mrs. Rekha Chaturvedi Vs. University of Rajasthan & Ors;, CWP. No. 13717 of 2010 -5- 1993(2) RSJ 329 (SC): JT 1993(1) SC 220; Dr. M.V. Nair Vs. Union of India & Ors., 1993 (2) RSJ 347 (SC): 1993(2) SCC 429; and U.P. Public Service Commission, U.P. Allahabad & Anr. Vs. Alpana, 1994(3) RSJ 438 (SC): JT 1994 (1) SC 94, the High Court has held (i) that the cut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules and if there be no cut off date appointed by the rules than such date as may be appointed for the purpose in the advertisement calling for applications; (ii) that if there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority. The view taken by the High Court is supported by several decisions of this Court and is therefore well settled and hence cannot be found fault with. However, there are certain special features of this case which need to be taken care of and justice done by invoking the jurisdiction under Article 142 of the Constitution vested in this Court so as to advance the cause of justice.” In view of the directions of the Hon'ble Supreme Court to allow the appointees who acquired eligibility up to the date of interview, it is contended on behalf of the petitioner that the petitioner be also given appointment. The contention of the petitioner is misconceived and is rejected. The law laid down by the Hon'ble Supreme Court in regard to the date of eligibility can be summarized. The eligibility of a candidate is to be examined on the date, if any, specified under the rules. If, there is no rule prescribing the date of eligibility, the cut of date specified in the advertisement calling for the applications. Even if, no cut of date is CWP. No. 13717 of 2010 -6- prescribed in the advertisement for determining the eligibility, the last date notified for receipt of application has to be construed as the cut of date to determine the eligibility of a candidate. In the present case no date of eligibility is prescribed under statutory rules. In the advertisement also no specific date for acquiring the eligibility is specified Under such circumstances, the last date for making application i.e. 10.9.2009 by which date the applications were to be received has to be construed as the cut of date for determination of the eligibility. Undisputedly, the petitioner was not possessed of the requisite qualification i.e. N.E.T/S.L.E.T nor he had the Ph.D Degree to his credit on the said date. He being ineligible on the last date of making applications, he has been rightly denied the appointment. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 4.8.2010. lucky Whether to be reported? Yes.