MANOJ KUMAR Vs. GOVT. OF N.C.T.

JUDGEMENT

(1.) IN terms of the advertisement number 02/2010 published by Government of NCT of Delhi (Delhi Subordinate Services Selection Board), the applications were invited for the post of PGT (Physics) Male Post Code 37/10 Total 12 (UR 06, SC 03, OBC 03). The details of vacancies for the post as mentioned in the advertisement read as under: -

(2.) ON the other hand, Ms. Rashmi Chopra, learned counsel for the respondents submitted that in terms of the RRs for the post, the Masters Degree in the subject concerned from any recognized University is one of the essential qualification for the post and only such candidates who possessed the qualification of M.Sc. in Physics could be considered eligible for the post. As far as the candidates mentioned in Para 4.9 of the OA are concerned, admittedly they are M.Sc. in Physics and if the Electronics or Materials are studied by them as an optional or special subject in M.Sc. Course, their degree cannot be construed as Masters in (Electronics). As can be seen from the special recruitment advertisement No. 51/2012 and examination notice dated 10.03.2012 published by the UPSC, the degree in Physics and Electronic are considered separate and independent. She further submitted that: -

(3.) AS far as the first question is concerned, it is settled position of law that it is basically the function of the rule making authority to provide the basis for selection and even the Selection Board or for that matter, any other Selection Committee do not have the jurisdiction to lay down the criteria for selection unless they are authorized specifically in this regard by the Rules made under Article 309 of the Constitution. The Selection Committee does not have any inherent jurisdiction to lay down the norms for selection nor can it assume such power by necessary implication. In Dr. Krushan Chandra Sahu & others Vs. State of Orissa & Ors ( : JT 1995) 7 SC 137), it could be held thus: -