High CourtsSINGLE BENCH(2017) 05 PAT CK 0001

Sujata Kumari vs The State of Bihar

Patna High Court · Decided on 1 May 2017

HON’BLE JUDGES
Sudhir Singh
RESULT
Dismissed
CASE NUMBER
66 of 2017

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Judgment

21 paragraphs · 225 words
1.

Delay in filing of the appeal is condoned. I.A. No. 239

of 2017 stands allowed.

2.

Appellants'' prayer seeking permission to participate

in the process of selection for appointment as Assistant Professor has

been rejected both by the Bihar Public Service Commission and the

competent authority primarily on the ground that the qualification of

NET, which is prerequisite under the statute for appointment to the

post in question, it is seen that this qualification was acquired by the

appellants after the cut off date notified in the advertisement.

3.

It is a well settled principle of law that all minimum

prerequisite qualifications have to be acquired by a candidate before

the cut off date or the date as notified in the advertisement and if no

date has been notified, the last date for submission of the application

form shall be treated to be the cut off date. In this case, admittedly, the

appellants acquired the qualification much after the last date for

submission of the application and taking note of the same, the learned

Writ Court has dismissed the writ petition after considering the fact

that the judgment rendered by the Supreme Court also hold so. In

doing so, we are of the considered view that the learned Writ Court

has not committed any error warranting reconsideration.

4.

The Letters Patent Appeal is dismissed.