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To allow the OA with cost.

Any other orders may also be passed as this Honble Tribunal may deem fit and proper in the existing facts and circumstances of the case.

2. Brief facts of the applicants case are as follows: In response to the advertisement (Annexure A-2) issued by respondent-Staff Selection Commission for holding Combined Graduate Level Examination, 2012 (hereinafter referred to as CGLE 2012) for recruitment to different posts for which Graduation from a recognized University is the minimum educational qualification, the applicant made application. The CGLE 2012 comprised of two Tiers of Written Objective Type examination followed by Computer Proficiency Test/Interview/Skill Test, wherever applicable as per the Scheme of Examination. He was issued Admission Certificate (Annexure A-3) to appear in Tier I Examination. Accordingly, he appeared in Tier I Examination. The result of Tier I Examination was declared on 08.08.2012 (Annexure A-5). As the applicant was declared qualified in Tier I Examination, he was issued Admission Certificate to appear in Tier II Examination. He appeared in Tier II Examination and was declared qualified therein as per the result (Annexure A-6) declared by the Staff Selection Commission in October 2012. He was issued Admission Certificate (Annexure A-7) to appear in Computer Proficiency Test scheduled on 11.11.2012 when he was required to produce all original documents to satisfy his eligibility for appointment against the post made part of the selection process of CGLE 2012. On 11.11.2012 the applicant produced all the original certificates including letter dated 01.08.2012(Annexure A-4) issued by the Superintendent (R-III), Maharshi Dayanand University, Rohtak, showing that the applicant had appeared in B.Tech, Semester VIII Bio Tech Examination held in May 2012 and passed the same by securing 0703 out of 1000 marks, before the concerned officers of Staff Selection Commission. After verifying the said documents, the officers of the Staff Selection Commission allowed the applicant to appear in the Computer Proficiency Test. As the applicant duly qualified in the Computer Proficiency Test, he was issued call letter dated 22.11.2012 (Annexure A-1) to appear at the interview scheduled on 22.12.2012. On 22.12.2012 the applicant reported at the interview centre at 8.00 A.M. While waiting for his turn to appear before the interview board, the applicant was called upon to produce the original documents for verification. The concerned officers of the Staff Selection Commission, on verification of the original documents submitted by the applicant, pointed out that the applicant had not completed his Graduation before 01.08.2012 as the final year result was declared on 7.8.2012. It is contended by the applicant that due to delay in declaration of the result of the final year examination by the University, the applicant should not suffer for no fault on his part, more so when the University, in its letter dated 1.8.2012, informed the Staff Selection Commission that the applicant had appeared in B.Tech VIII Semester Bio Tech Examination held in May 2012 and had passed by the same by securing 703 out of 1000 marks. As his representation requesting the Staff Selection Commission went unheeded, the applicant filed the present Original Application.

3. Opposing the Original Application, the respondents have filed a counter reply. It is stated by the respondents that the closing date for receipt of applications was 20.4.2012. As per the notice of the examination, the applicants should have possessed the essential qualification as on 01.08.2012. The applicant acquired degree qualification, i.e., B.Tech (Bio Technology) on 7.8.2012. The letter dated 01.08.2012 issued by the Superintendent (R-III), Maharishi Dayanand University, Rohtak, states that the result was not finally declared. It is thus clear that he was not a Graduate as on 01.08.2012. The applicant had given declaration in sub-para (iii) of Column 22 of the application that he fulfilled all the conditions of eligibility regarding educational qualification, age, etc., prescribed for admission to the examination, without possessing the requisite qualification as on the cut off date, i.e., 1.8.2012. On the basis of his performance in Tiers I and II Examinations and Computer Proficiency Test, the applicant was called to appear for interview on 22.11.2012. On 22.11.2012 during verification of documents, it was found that he did not possess the requisite educational qualification as on 01.08.2012 and therefore, he was not allowed to appear for interview. The provisions contained in the Notice of Examination are sacrosanct and are binding on the candidates and the Commission. Notes III and IV Under-6 Essential Qualification as on 1st August 2012 of the Notice state that All the applicants must possess the Requisite Educational Qualification on the above mentioned cut-off date. As per Note below Sub-para A of Para 1 of the Notice of Examination, the candidature of the applicant was cancelled by the Commission for his having not possessed a Graduation qualification from a recognized University on or before 01.08.2012. As per the undertaking given by the applicant on 22.12.2012 that he shall abide by any decision of the Commission regarding his candidature in the event he is found not fulfilling the eligibility condition for the post, the decision of the Commission is binding on him and he cannot be said to have any grievance.

7. The learned counsel appearing for the respondents, on the other hand, submitted that from the certificates produced by the applicant it was found that the result of the final year B.Tech (Bio Tech) was declared only on 7.8.2012 and therefore, the applicants claim that he possessed the Graduation qualification as on 1.8.2012 is baseless. It is also submitted by the learned counsel for the respondents that as per the provisions contained in the Notice of Examination, the applicant was ineligible to make application and appear in the examination and that his appearing and qualifying in Tiers I & II Examinations and Computer Proficiency Test will not entitle him to appear for interview and, therefore, the Commission rightly disallowed him to appear for interview because of his having not possessed the essential qualification of Graduation as on 1.8.2012.

OR Bachelors Degree with Economics (with Statistics as a paper studied in one year/two years/all the three years as the case may be) as one of the main subjects.

OR Bachelors Degree with Commerce (with Statistics as a paper studied in one year/two years/all the three years as the case may be) as one of the main subjects.

iii) All other posts: Bachelors Degree (Graduation Degree) from a recognized university or equivalent.

Note I: For posts of Assistants (CSS),computer proficiency has also been prescribed as an Essential Qualification.