DEEPAK KUMAR CHOUDHARY Vs. STAFF SELECTION COMMISSION, SOUTHERN REGION THROUGH ITS REGIONAL DIRECTOR AND DIRECTOR GENERAL OF METEOROLOGY, INDIAN METEOROLOGICAL DEPARTMENT

JUDGEMENT

(1.) THE present Original Application is directed against the impugned list (Annexure A -1) whereby the candidature of the applicant for recruitment to the post Scientific Assistant in IMD Examination 2011, has been cancelled/rejected, on the ground that he does not posses the requisite qualification.

(2.) THE question that arises for our consideration is as to whether this court can interfere with the policy decision taken by the respondents in a particular field of equivalence of a degree for a post, that has been advertised.

(3.) PURSUANT to notice, the respondents no. 1 & 2 resisted the claim of the applicant by filing separate written statement. Respondent no. 1. i.e. SSC has taken a preliminary objection with regard to the jurisdiction of this Court in entertaining the O.A on the ground that since case of the applicant belongs to Southern Region, this Court lacks the jurisdiction to entertain this O.A, as per the specific clause in advertisement under the heading of Court Jurisdiction', therefore, this Tribunal has no jurisdiction to look into the matter. Therefore, O.A deserves to be dismissed on this ground alone. On merit, it is submitted that since the applicant does not posses requisite qualification as prescribed in advertisement, thus, he could not be appointed against the said post. It is submitted that merely, entertaining the application and allowing applicant to appear in written test and interview, will not give him right to seek appointment, if he is otherwise ineligible for said post. It is submitted that in para 2 of Important Instructions to candidates' in the recruitment notice, it has been categorically stated that the candidates are advised to go through the requirements of educational qualification, age etc, and later on, if it is found that they lack requisite qualification and other conditions, then their candidature would be cancelled and the commission's decision should be final.