RAMEEZ RAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide Advertisement Notice No.NIT/Faculty-Recruitment/2018/02(F) dated 19th January, 2018, National Institute of Technology, Hazratbal Srinagar, respondent No.2 herein, invited applications, inter-alia, for the positions of Assistant Professor (Contract) in various disciplines including the discipline of Mathematics. The following eligibility qualification was prescribed for new entrants:

(2.) In Clause 24 of the Advertisement Notification, the term "first division" was clearly defined in the following manner:

(3.) The petitioner, claiming to be eligible in all respects in terms of the Advertisement Notification and the Statutory Rules governing the selection, submitted his candidature for consideration against the post of Assistant Professor Mathematics. With the grievance that he despite being eligible was not enlisted in the provisional list of eligible candidates issued by respondent No.2 vide notification No.NIT/PD/18/3356 dated 07.09.2018, the petitioner approached this Court by way of SWP No.2218/2018 without throwing specific challenge to clause 24 which was ultimately pressed into service by the respondents to declare the petitioner ineligible. The petitioner sought a direction in the nature of Mandamus to the respondents to allow him to participate in the process of interview. This Court vide its interim order dated 18.09.2018, passed in the aforesaid writ petition, permitted the petitioner to appear in the interview for the post of Assistant Professor (Contract) in the discipline of Mathematics at his own risk and responsibility.