FARHAT RASOOL Vs. STATE OF J&K

JUDGEMENT

(1.) WHEN does a candidate acquire an academic qualification? Is it on the date when the results of the relevant examination are declared or when the result is communicated to him? What if his result is withheld for some technical reason on the date of general declaration and is communicated to him later? Should he be rendered ineligible for consideration of employment if such result is not intimated to him before the last date of receipt of applications for a post but well before the interview? All these interesting questions arise in this appeal and beg an authoritative pronouncement.

(2.) APPELLANT applied for the post of Asstt. Engineer (Elect) in the Power Development Department (PDD) in response to the Public Service Commission (PSC) notifications Nos. 13/87 and 2/88. The minimum qualification prescribed was a bachelorâ„¢s degree in electrical engineering or A.M.I.E. (Sections A & B) India Electrical Engg. and the last date of receipt of the applications was 10th March, 1988.

(3.) APPELLANT , in his application, claimed that he had qualified his bachelors degree in engineering and obtained 5569/8000 marks. His application form was entertained and he was eventually invited for interview on 16.4.1992. He was asked to bring the original testimonials and documents along and was also informed that his participation in the interview was provisional subject "to production of B.E (Electronics) Degree/marks certificate". He asserts that he submitted the requisite certificates and documents on the date of interview. He was consequently interviewed and ultimately was placed at S.No.8 of the select list in order of merit. His travails started when his result of selection was withheld "for want of declaration of B.E. (Electronics) result". He tried to come over the hitch by submitting a certificate from the Asstt. Controller of Examinations, Kashmir University certifying that he had appeared in the B.E. examination in August, 1987 under Roll No. 5874 which he had passed obtaining 5569/8000 marks but his result was withheld in the general result notification No. 1 -BEF/87 dated 23.10.1987 because of "incomplete registration" and that he should be deemed to have passed the examination on 23.10.1987. This did not convince the Commission and its Secretary sought further clarification vide letter dated 22.12.93 and the Controller of Examinations vide his communication dated 1.2.1994 responded as under: