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Showing contexts for: selection process completed in Venkatesh And Ors vs The State Of Karnataka And Ors on 22 April, 2022Matching Fragments
(ii) Once the applications are filed pursuant to the notifications, it confers a right on the applicants to be considered for the post as per the criteria notified and prevailing as on the date of application.
(iii) The respondent/University is under the obligation to complete the selection process in terms of criteria as on the last date of applying unless the notification itself is withdrawn abandoning the selection process.
(iv) The petitioners have got the right to enforce the duty cast on the respondent/University to complete the selection process as per the criteria fixed in terms of the notification of the year 2015 by following the score card method.
50. There is one more dimension to the case that needs to be discussed. It was urged by Shri. S. Basavaraj the learned Senior counsel appearing for petitioners in W.P.207476-77/2017, that the changed criteria seek to ignore the merit. It is his submission that the practical test and other tests found in the earlier method are more suitable than the one adopted in terms of the impugned order. In exercise of writ jurisdiction, the Court would not sit over the decision of the employer in prescribing the selection criteria. It is the domain of the employer. Employer will be having the expertise and wisdom to determine the eligibility criteria. The Courts can interfere in such matters, only if, the criteria fixed are contrary to the law. That is not the position here. Shri. S. Basavaraj the learned Senior counsel, in his fairness would submit that that there is no violation of any express provision of law. However, he would submit that the criteria fixed by the Board of the University have a statutory flavour and the same is to be retained till the completion of the selection process. Since the criteria determined in the meeting of the Board, is not a Statute or law, in an appropriate case and circumstances, the employer can make modifications to the criteria as long as such changes do not prevent the applicants from participating in the process, as long as such changes do not violate any provisions of law and such changes do not suffer from malafides.