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Judgment
Ahanthem Bimol Singh, J
Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Julekha, learned counsel, appeared for the petitioners; and Mr. Kh. Samarjit, learned DSGI assisted by Mr. Nongdamba, learned counsel, appeared for the respondents.
It has been submitted by the learned senior counsel appearing for the petitioners that out of 15 petitioners, 8 petitioners, who possessed Ph.D. Degree, have already applied for the advertised post and their applications have been accepted by the authorities. However, in respect of 7 candidates, who are in the advanced stage of obtaining Ph.D. Degree within a few months, their applications have been rejected by the authority on the ground that they do not possess the minimum educational qualification prescribed under the rules.
In order to bring an amicable settlement of the dispute, this Court directs the learned DSGI to obtain instructions from the authorities as to whether the applications of the remaining 7 petitioners, who are yet to obtain their Ph.D. degree, can be allowed to participate in the selection process with the condition that they should obtain their Ph.D. degree within this year.
The learned senior counsel appearing for the petitioners submitted that such arrangement has been allowed by the authorities in an earlier selection process and such factum is reflected in the minutes of the meeting of the board of the Governors held on 21.02.2014 and 15.09.2014.
The learned DSGI has submitted that the stand of the authorities is that only those candidates who possess the minimum qualification prescribed under the rule is allowed to compete under the selection process. As some of the petitioners do not possessed the minimum qualification, their applications have been rejected on that ground.
The learned DSGI further submitted that the relaxation that has been given in an earlier selection process are not similarly situated with the present situation. However, the learned DSGI clearly submitted that he will get necessary instructions from the authorities, for which, he seeks 3(three) days’ time.
As prayed for, list these cases again on 23.01.2025.
Earlier interim order shall continue till the next date.
