RAM ASHISH SHRIVASTAV Vs. STATE OF CHH

JUDGEMENT

(1.) W.P. (S) Nos. 5565 & 5909 of 2010, involve the same question of law and common facts and, as such, they are being disposed of by this common order.

(2.) Being aggrieved by the decision of the Respondent--Public Service Commission (for short "PSC") whereby the candidature of the Petitioners has been rejected on the ground that the Petitioners were not in possession of certificate of passing of National Eligibility Test (for short "NET").

(3.) Shri Goverdhan and Shri Shrivastava, learned Counsel appearing for the Petitioners, submit that the last date for filing of application, pursuant to the advertisement dated 15.5.2009 was 22.6.2009. The Petitioners had acquired NET certificate of passing, which is a pre-condition for making application for selection and appointment on the post of Assistant Professor (Law). Learned Counsel further submit that the important information published in the advertisement clearly indicate that the candidate making OMR application was not required to produce any document/certificate in original or photocopy. Accordingly, no certificate was filed. The Petitioners participated in the written examination and they were declared ineligible on the alleged ground that they were not haying NET certificate on the date when they had made applications. Learned Counsel also submit that the Respondent authorities have mixed up with the requirement of possessing qualification on the date of submission of application or having possession of certificate of the passing of required qualification. There is no dispute that on the date, the applications were made, the Petitioners had passed NET, but were not in possession of the certificate and on that ground the Petitioners could not have been declared as ineligible candidates for want of possession of certificate.