TMI Blog1993 (1) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... be arbitrary and result in discrimination. It must be remembered that when the advertisement/notification represents that the candidates must have the qualifications in question, with reference to the last date for making the applications or with reference to the specific date mentioned for the purpose, those who do not have such qualifications do not apply for the posts even though they are likely to acquire such qualifications and do acquire them after the said date. In the circumstances, many who would otherwise be entitled to be considered and may even be better than those who apply, can have a legitimate grievance since they are left our of consideration. [196G,H, 197A-B] (iii) When the University or its Selection Committee relaxes the minimum required qualifications, unless it is specifically stated in the advertisement/notification both that the qualifications will be relaxed and also the conditions on which they will be relaxed, the relaxation will be illegal. [197C] (iv) The University/Selection Committee must mention in its proceedings of selection the reasons for making relaxations, if any, in respect of each of the candidates in whose favour relaxation is made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e seven point scale) Master's degree in a relevant subject from an Indian University or an equivalent degree from a foreign University having regard to the need for developing interdisciplinary programmes, the degree in (a) and (b) above may be in relevant subjects. Provided that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of a very high standard, it may relax any of the qualifications prescribed in (b) above: Provided further that if a candidate possessing a Doctorate degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record (weightage being given to M.Phil. or equivalent degree or research work of quality) may be appointed provided he has done research work for at least two years or has practical experience in a research laboratory/organisation on the condition that he will have to obtain a Doctorate degree or give evidence of research of high standard within eight years of his appointment, failing which he will not be able to earn future increments until he fulfills these requirements. Although these were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a university shall be deemed to have passed that examination in the high second class'. It will be apparent that there was a divergence in the qualifications as per the University Ordinance (as quoted in the written submissions on behalf of respondent No. 5) and the qualifications as per the advertisement as stated in the rejoinder of the petitioner since in particular the Explana- tion does not find place in the Ordinance. The University itself has produced before us neither the Ordinance nor the advertisement issued. In the absence of a copy of the relevant Ordinance, however, it is not possible to say as to whether the qualifications mentioned in the advertisement were at variance with those mentioned in the advertisement. Be that as it may. 4. It will thus be obvious from the requirement of the aforesaid qualifications, that on the last date for submitting the applications, a candidate applying for the said posts should have had (a) doctorate Degree (in the relevant subject), or research work of an equally high standard (in the relevant subject), and (b) good academic record with at least a second class Master's Degree (in the relevant subject). However, if the Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Updhyaya 10 Yes No. Yes Yes Yes 4. (Miss)Saroj Sharma 7 No. No. Yes Yes No. 5. Dr.Shyam Singh Ratnawat 5 No. Yes Yes No. Yes (Awarded on 14.12.84) 6. (Miss) Pramila Sharma 8 No. No. Yes Yes No. (Passed M.A in 1982) It is apparent that respondent No. 5 had no doctorate Degree. He had good academic record in M.A. but did not have good record in B.A. He had published work of high standard and also two years' research work to his credit. Respondent No.6 had no doctorate Degree. He had, however, good academic record both in M.A. and B.A.; but had neither any published work of high standard nor two years research experienc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... octorate Degree. He further submitted that it was open to the Scrutiny Committee to weigh the over-all qualifications of the candidates and relax the required qualifications in favour of the deserving and suitable candidates which the Scrutiny Committee did or should be deemed to have done. The Scrutiny Committee was a high power Committee and after interviewing 65 candidates, it had selected only 8 candidates and had placed them in the order of merit. The Court should not, therefore, interfere with the said selection. He further pointed out that the candidates had already been appointed in February 1985 and they have been working eversince till date. Some of them are also due for promotion to the higher posts in the near future. Their record of teaching so far has been excellent and unblemished. Whatever may be the defects in the selections, this Court may not interfere with the said process of selection at this late stage. 5.The contention that the required qualifications of the candidates should be examined with reference to the date of selection and not with reference to the last date for making applications has only to be stated to be rejected. The date of selection is inva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the respective merits of the candidates and to relax the minimum qualifications in favour of some in exercise of the discretionary powers vested in it under the University Ordinance. If the considerations which weighed with the Committee in relaxing the requisite qualifications were valid, 'it would result in injustice to those who have been selected. We, however, feel it necessary to emphasise and bring to the notice of the University that the illegal practices in the selection of candidates which have come to light and which seem to be followed usually at its end must stop forthwith. it is for this purpose that we lay down the following guidelines for the future selection process: A. The University must note that the qualifications it advertises for the posts should not be at variance with those prescribed by its ordinance/Statutes. B. The candidates selected must be qualified as on the last date for making applications for the posts in question, or on the date to be specifically mentioned in the advertisement/notification for the purpose. The qualifications acquired by the candidates after the said date should not be taken into consideration, as that would be arbitra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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