SARFRAZ AHMED CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) A common question of law involved in these petitions is whether the last of receipt of applications or date of interview determines the eligibility of a candidate for the post for which applications have been invited for recruitment. The question has arisen because in OWP No. 767/1998, Department of Telecommunication, J&K, Circle invited applications by advertisement Notice No. 831 -17/96 -SRT/27 for the post of Junior Engineers who have obtained diploma in Civil, Electrical or Mechanical Engineering after a full time course of three years from a recognised Institute/Board or University. The last date for receipt of applications from the eligible candidates was 30 -7 -1998. However, the petitioner was issued original certificate by the Regional Engineering College, Srinagar only on 12 -8 -1998 and as such could not apply before the said date.

(2.) IN the other two petitions. State Service Selection Board has invited applications as per Advertisement Notice No.3 of 1998 dated 18 -8 -1998 for the post of Junior Agriculture Assistants for which the prescribed qualification is B.Sc Agriculture and the last date for receipt of applications was 10 -9 -1998. The case of both the petitioners is that although they have already appeared in the Final B. Sc Agriculture examination but the results are still awaited. Since they are not in possession of the qualification certificates in terms of the advertisement notice, respondents, according to them have refused to acknowledge their applications.

(3.) THE question of cut of date for determining eligibility is no longer res -integra in view of the law laid down by the Apex Court in a catena of authorities, in Rekha Chaturvedi Vs University of Rajasthan and others (1993 Supp (3) SCC 168), it was held that: