N RAVISHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions under Article 226 of the Constitution, the petitioners have sought for the following reliefs :

(2.) The case of the petitioners is that they were the students of the Mysore University; that they were undergoing B.E. Degree Course under the Semester Scheme; that the examination for the last Semester took place in the months of April-May, 1985 and the results of the examination were published on 2nd August, 1985; that they have been declared to have passed the examination; that on 2nd August, 1985 the interviews for recruitment to the posts of Assistant Executive Engineers (Division No. 1) were not over; therefore, the 2nd respondent was not justified in not calling them for the interview and not considering their candidature for selection to the posts of Assistant Executive Engineers.

(3.) On the contrary, it is contended on behalf of the respondents that as per the advertisement, produced as Annexure F, the last date for submitting the applications was 18th May, 1985. It was subsequently extended to 31st May, 1985. The requisite qualification for considering the applications is a Degree in Civil Engineering or Diploma in Civil Engineering issued by the A.M.I.E.; that the petitioners ought to have either obtained a degree or Diploma as prescribed or at any rate ought to have been declared as passed the prescribed examination on or before 31st July, 1985; that as the petitioners were not declared to have passed the examination on 31st July, 1985, the 2nd respondent was justified in holding that the petitioners did not possess the requisite qualification viz., a degree in Civil Engineering and accordingly, it was justified in not calling the petitioners for interview. In this regard, the contention of the petitioners is that as the petitioners had appeared for the qualifying examination in the months of April-May, 1985, the results of which were declared on 2nd August, 1985 which must be held to relate back to the examination which was held in the months of April-May 1985; therefore, on the last date for receiving the applications, they must be deemed to have possessed the requisite qualification. Learned Counsel for the petitioners has also placed reliance on a decision of the High Court of Calcutta, reported in Narayan Fakirsa Javre v. Union of India & Ors. 1979 (1) SLR 175.