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Judgment
Hon’ble Mrs. Ritu Tagore, M[J]
Learned Counsel for both the parties are present.
Learned counsel for the applicant submits that that the applicant has applied in pursuance of the Advertisement Notice No. 01 of 2026, dated 01/01/2026 for the post of Assistant Professor Business Studies in the Respondent University. The said advertisement has clearly mentioned the eligibility and desired qualifications for the said post.
He further submits that the applicant has eligibility and desired qualifications of Ph.D. in Tourism Studies taught under the Department of Management Studies, applied through online mode with all requisite formalities. The Respondent University in the middle of selection process has issued multiple addenda cum corrigenda, the Applicant is aggrieved of the impugned Addendum-cum-Corrigendum-III No. IUST/ Reg/Adm/ADV/26/49, dated 12/02/2026, whereby, the short listing criteria for interview for the post of Assistant Professor has been arbitrarily changed viz-a-viz Research Publications from Peer-reviewed journals/books to Scopus/Web of Science and impugned Addendum-cum-Corrigendum No. IUST/Reg/Adm/ADV/26/09, dated 09/1/ 2026, whereby, respondent University has completely withdrawn the essential qualification of two (2) years experience as mentioned in the advertisement in violation of Regulations, without any justification and reasons, that too, after the publication of said advertisement notification and resultantly issued impugned short list/ Preliminary Screening Report for the post of Assistant Professor department of Business Management, whereby, the Respondent University not only failed to consider her 'Research Publications' and “professional experience” while evaluating her merit/marks but also declared her ineligible for the post.
It is further submitted by the learned counsel for the applicant, that the Respondent/ University in previous recruitments for the post of Assistant Professor (C) Management Studies has not only found the Applicant eligible and fit for engagement as Assistant Professor but also considered her and professional experience while evaluating her merit during the recruitment process. The Applicant has also served the Respondent/ University as Assistant professor on non-substantive position for seven years in the Respondent/University.
It is also stated that the Applicant was found eligible and was enlisted in the final selection list of eligible candidates for the post of Assistant professor (C), Management Studies earlier this year by the Respondent/ University which was advertised vide No. IUST/Academic/26/322, dated 27/02/2026.
He further submitted that the impugned action of the Respondent/University in declaring the Applicant ineligible is of Article 14 and Article 16 of the Constitution of India. The Respondent/University cannot and is not allowed to adopt elastic, fluctuating yardstick for eligibility between contractual and permanent recruitments for the same academic post of Assistant Professor, rendering the entire selection process colourable and unfair.
The Applicant prays that the instant O.A. may be allowed for the following reliefs:
a)To set aside the impugned Addendum-cum-Corrigendum No. IUST/ Reg/Adm/ ADV/26/09, dated 09/01/2026 to the extent it pertains to the Applicant, whereby, candidates were informed with regard to Research awarded only for the Research Publications indexed in Scopus/Web of Science, thereby, excluded the research publications in other recognized Peer-reviewed journals as notified in the advertisement;
b)To set aside impugned Addendum-cum-Corrigendum-III No. IUST/Reg/ Adm/ ADV/26/49, dated 12/02/2026 to the Advertisement Notice No. 01 of 2026, dated 01/01/2026, to the extent of the Applicant, whereby, respondent University has completely withdrawn the essential qualification of two (2) years experience as mentioned in the advertisement without any reason illegally.
c)To set aside Preliminary Screening Report for the post of Assistant Professors Department of (Management Studies) to the extent of Applicant, whereby, the Respondent University not only failed to consider her 'Research Publications' and experience while evaluating her merit/marks but also declared her ineligible for the post.
d)To direct the Respondent/University to strictly adhere to the notified advertisement Notice No. 01 of 2026, dated 01/01/2026 and to declare Applicant eligible for the post of Assistant Professor Management Studies, consider his publications and professional experience by issue fresh preliminary Screening report in accordance with the said advertisement in favour of the Applicant.
e)Any other relief which this Hon'ble Tribunal deems fit and proper in the attending circumstances of the case may also be passed in favour of the applicant.
After arguing for some time, the learned counsel for the applicant submits that applicant should be satisfied, if the present matter is disposed of with the directions to the respondents to treat the present O.A as representation of the applicant and consider the averments made therein, along with the documents annexued thereto, strictly in accordance with law, within a stipulated period.
Mr. Syed Musaib, learned Dy. AG, appeared on behalf of respondents pursuant to the advance notice served by the learned counsel for the applicant, and submits that the present O.A may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
Heard and considered the material available on record.
In view of the limited prayer made by the learned counsel for the applicant, and without commenting on the merits or otherwise of the matter, the respondents are directed to treat the present O.A as representation of the applicant and decide the same in accordance with law and applicable rules, by passing a reasoned and speaking order within a period of two weeks from the receipt of this order, provided no other legal impediment exists.
Till such representation is decided, the respondents shall not finalize the selection for the post in question.
With this, O.A No. 1054/2026 is disposed of accordingly. No order as to costs.
The file shall be consigned to records after due compliance.