No discretionary relaxation of eligibility in appointments: HC

HC-APPOINTMENT


New Delhi, Oct 18 (PTI) Discretionary relaxation or
alteration in requisite eligibility qualification, relating to
appointments or admissions, cannot be allowed at the fag end
of the process, the Delhi High Court has said.

"The general rule is that while applying for a post or
admission a person must possess the eligibility qualification
on the last date fixed unless there is an express provision to
the contrary. There can be no relaxation in the matter of
holding the requisite eligibility qualification by the date
fixed," Justice Sunil Gaur observed.

The court's observation came in a verdict on the plea of
Raghunath Prasad Saket, who was not only denied appointment to
the post of lecturer in Economics in a Delhi University (DU)
college but another candidate was preferred over him following
the alteration in the eligibility criteria.

Justice Gaur noted that the DU and the University Grants
Commission had taken the consistent stand that appointment of
Madhavi Moni to the post by a committee of Satawati College
was irregular and violative of the rules.

According to the eligibility criteria for appointment as
a lecturer, the candidate should possess a certificate of
qualifying the National Eligibility Test (NET).

However, the criteria was changed at the time of
appointment of Moni by the committee which recommended her
name for the post on probation, giving her liberty to submit
the certificate at a later stage. (MORE) PTI KRS
JVN


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