RAJESH KUMAR Vs. MAHARSHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) Vide Advertisement No. 2 of 2009 Maharishi Dayanand University, Rohtak invited applications for the post of Professor, Readers and Lecturers in various streams including Microbiology. As many as 4 posts of Lecturers in Microbiology were notified; 3 in general category and 1 reserved for Scheduled Castes. The petitioner applied in response to the aforesaid advertisement. Last date for making application was 10.9.2009. The minimum qualification prescribed for the post of Lecturer is as under :-

(2.) At the time of making application the petitioner was having Post Graduation qualification of M.Sc. in Microbiology and had submitted his thesis for degree of Ph.D in the discipline of Dairy Microbiology. He was yet to be called for viva voce on consideration of his doctoral thesis. The petitioner completed the Ph.D on 14.11.2009. He was issued a call letter dated 24.12.2009 for appearance before the Selection Committee on 3.1.2010. The petitioner participated in the interview. In the merit list prepared petitioner's name figures at Sr. No. 3 under general category. It is stated that the Executive Council of the university approved the recommendations of the Selection Committee vide Resolution No. 42 in its meeting held on 9.1.2010. After the select list was prepared, the petitioner was called to submit the proof of Ph.D degree. The petitioner produced the provisional Ph.D degree certificate issued to him on 23.11.2009 by the Controller of Examination, National Dairy Research Institute, Karnal. The petitioner has not been appointed despite selection. Present petition has been filed seeking a direction for the appointment on the post of Lecturer in Microbiology on the basis of selection.

(3.) It is stated that the petitioner came to know that he has been denied appointment as he was not having Ph.D degree before the last date for making applications. It is not in dispute that the last date of selection was 10.9.2009 and the petitioner was not possessed of his Ph.D. Degree up to the last date. Ph.D. Degree was granted to the petitioner on 23.11.2009. It is equally a fact that the petitioner was selected. The essential qualification for the post of Lecturer as per the advertisement is 50% marks in Post Graduation level and N.E.T/S.L.E.T qualification. Indubitably petitioner has not qualified N.E.T/S.L.E.T, an essential eligibility for selection/appointment to the post of Lecturer. This eligibility is exempted only for such candidates who are Ph.D. Though, the petitioner had submitted thesis for Ph.D at the time of making application but he was not even interviewed nor had been granted Ph.D Degree up to the last date of making application i.e. 10.9.2009. Under the advertisement the eligibility is to be seen as on the last date of making application.