Service Law – Appointment – The appellant/commission had issued an advertisement inviting applications for appointment to the post of Post-Graduate Teachers, for which, the qualifying degree was B.Ed. – The last date for submission of the application was 12.10.2015 – The requirement was that on the date of submission of the application the candidate should have passed B.Ed. – The private respondents (candidates for the post) had appeared in the B.Ed examination – Since, the final result was not declared the private respondents were provided with the provisional/confidential result of their B.Ed. examination by the respective universities, which was prior to 12.10.2015 – The only ground on which the candidature of the private respondents was rejected by the appellant was that the result of the private respondents/candidates had not been officially declared by the respective Universities prior to the cut off date, i.e. 12.10.2015 – Challenging the order of rejection, the respondents filed writ petitions – The writ petitions were allowed by the High Court – On appeal, held: As long as the authenticity of the provisional/confidential result declared by the Universities is not in doubt, which in the present case was confirmed by the Universities on the request made by the appellant/commission, the view taken by the High Court is perfectly justified – It cannot be said that the respondents were not qualified as on the cut off date, which was 12.10.2015, as the provisional/confidential result had been declared by the respective Universities in favour of the candidates prior to the said date and the applications were filed by the respondents well within time, along with such provisional/confidential result – No reason to interfere with the order to this extent – However, the direction of the High Court to the appellant/commission to suitably amend its Rules to the extent that the date of eligibility should be as on the date of screening or interview is quashed.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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