NISHA CHOUBEY Vs. STATE OF C G

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that the petitioner was not in possession of D.Ed, examination certificate at the time of filing of an application. The last date for filing of the application for the post of Shiksha Karmi Grade III was 9-2-2008. The requisite qualification for appointment to the post of Shiksha Karmi Grade III is Higher Secondary School Examination and D.Ed. examination certificate. It is further prescribed that in the event D.Ed. candidates are not applicable, the other candidates may be considered. According to Ms. Meena Shastri, the petitioner has completed D.Ed., during selection process. Learned counsel further submits that since it is not prescribed asto when the petitioner should have requisite qualification, the petitioner is entitled to have benefit of D.Ed. examination certificate as it was produced at the time of interview. It is further submitted that a similar issue is pending consideration.

(2.) ON query asto what is the general principle whether a candidate must possess requisite qualification either before filing of the application or any other fixed date mentioned in the advertisement? Learned counsel appearing for the petitioner is unable to give proper reply. In para 4.2 of the advertisement for the post of Shiksha Karmi Grade E (Annexure P/l), it was mentioned that on obtaining the marks of written test, list of D.Ed, candidates and Non-D.Ed, candidates shall be prepared. The qualification as required as a matter of general principle should be at the time of filing of the application for the post of Shiksha Karmi Grade III.

(3.) IN the matter of Dipitimayee Parida Vs. State of Orissa and others2, Hon'ble the supreme Court held that "ordinarily the qualification or extra qualification laid down for the recruitment should be considered as on the last date for filing of the application".