Qualification on date a necessity, proof of qualification can be produced later: Punjab High Court.
The Punjab High Court, in Narender Kumar v/s Dr. Kuldeep Singh and others (LPA-1457-2018(O&M),delivered on 25th April 2023, held that proof of qualification can be produced later, since the qualification of an individual already exists. The judgement was presided by Honorable Mr. Justice M.S. Ramchandra Rao and Honorable Mrs. Justice Sukhvinder Kaur.
FACTS OF THE CASE:
An advertisement for the position of Assistant Professor of History was issued by the University. Thereby, (appellant) Narender Kumar and (respondent) Dr. Kuldeep Singh had applied for the said position. The selection process comprised of submission of research publications and marks to be allotted, before the deadline. After the selection process, the appellant was awarded 68 marks and the respondent was awarded 66 marks. Consequently, the appellant was considered for the post of the Assistant Professor of History. A writ petition was filed by the respondent and stated that the appellant was granted benefit of 3 research papers which were published after the deadline mentioned in the application. This contention was negated on the ground of meritorious selection by the selection committee. The single judge bench passed an order in favor of the respondent, which was challenged by the appellant through a writ appeal.
JUDGEMENT:
The Court held that “proof of publication can be produced later which is an added qualification.” A reference was made to Dolly Chhanda v/s Chairman, JEE and Charles K. Skaria and Other v/s Dr.C. Mathew and others. It was held that the selection committee had rightly appointed the candidate, as the required merit was possessed by the appellant and only proof of publication was produced later.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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