ANITA PATHANIA Vs. HIMACHAL PRADESH UNIVERSITY AND ANR.

JUDGEMENT

(1.) THE writ petitions have been filed with the following prayers:

(2.) THE Petitioner in CWP No. 5825 of 2010 is an

(3.) THE moot question is that the University having advertised the post, wherein it is specifically stated that "the eligibility of the candidates will be determined on the basis of qualifications acquired by them up to the last date fixed for receipt of applications", whether it is open to the University to shift its stand and insist upon the UGC qualification instructions, which admittedly had been adopted subsequently. To make the factual position clearer, the last date prescribed for receipt of the applications is 12.5.2010. The UGC instructions came only on 28.6.2010. These were adopted from 9.7.2010 onwards only. The date of advertisement is 9.4.2010, therefore, as on the date of commencement of the selection process, that is, 9.4.2010 as on prescribed date of qualification, namely 12.5.2010, the Petitioner stood admittedly qualified. If that be so, on account of instructions issued subsequently by the UGC, the Petitioner cannot be disqualified.