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Showing contexts for: API score in Dr. Jagdish Kumar & Ors. vs State Of Himachal on 14 December, 2023Matching Fragments
P-1), inviting online applications to fill-up 25 posts of Principal (College Cadre) by direct recruitment in Department of Higher Education. The advertisement contained essential qualifications i.e. educational of qualifications, required experience and required "Minimum rt Consolidated Academic Performance Indicator (API) Score of 400 points from Category-III as detailed in the advertisement.
2. The petitioners considering themselves eligible, applied for the aforesaid post. On 07.11.2023 (Annexure P-2), candidature of the petitioners herein has been rejected for want of essential qualification (iv) i.e. API Score of 400 points.
3. For the purpose of interim prayer, Mr. K.S. Banyal, learned Senior Counsel, submits that the rejection orders dated 07.11.2023 (Annexure P-2) is contrary to to a Division Bench judgment in CWP(OA) No.4373 of 2019, titled as Dr. Sanjeev Kumar & ors. versus State of Himachal Pradesh & ors., decided on 23.06.2022 and has led stress on Paras 11, 32, 39 and 40, which read as under:-
(iv) of Rule 7(a) prescribes the eligibility of 400 API Score of a candidate. Rule 10 of the R&P Rules mandate that the 25% direct recruitment posts, for which the educational qualifications are mentioned in Rule 7 (supra) are necessary.
5. Once the Recruitment & Promotion Rules dated 27.02.2020 Annexure P-3, were in force on the date of commencement of selection process-date of advertisement on 31.12.2022 (Annexure P-1) .
which mandates the requirement of minimum API Score of 400 points from Category-III and once the petitioners do not possess the aforesaid score and the petitioners are not eligible under this head, of therefore, the rejection dated 07.11.2023 (Annexure P-2) is valid in Law.
rt
6. The contention raised by Mr. K.S. Banyal, learned Senior Counsel, by placing reliance on the judgment, in case of Sanjeev Kumar (supra) will not come to the rescue of the petitioners, for the reason that the requirement of eligibility [based on API Score of 400 points] was held to apply to direct Recruitment, as is being alone in present case.