Summary
The Court upheld acceptance of authentic university-issued provisional or confidential B.Ed results obtained before the recruitment cut-off date. Their authenticity had been confirmed, and the candidates applied in time; later publication of the general results did not make them unqualified. The High Court’s separate direction to consider shifting eligibility to screening or interview was quashed because that issue did not arise. Ninety protected posts were directed to be offered to the specified candidates, subject to verification, with prescribed notional service benefits but no salary for periods not worked.
Issues
- Whether authenticated provisional or confidential university results issued before the cut-off established the required qualification.
- Whether the High Court could direct consideration of a different eligibility date beyond the issue before it.
Held
- Where the universities confirmed the authenticity of provisional or confidential results issued before the cut-off, candidates who applied within time with those results could not be rejected merely because the universities had not yet published the general final results. (¶¶ SCR 668, SCR 669)
- The direction to consider amending the recruitment rules so that educational eligibility would be assessed at screening or interview was unnecessary and concerned an issue not arising in the case. That portion of the High Court judgment was quashed; the appeals were otherwise dismissed. (¶¶ SCR 669, SCR 670)
- The 90 posts protected by the interim order were to be offered within four weeks to the 74 private respondents and 16 intervenors whose applications preceded that order, followed by appointment on due verification without delay. (¶ SCR 670)
- Those candidates were to rank below candidates who had already joined, with their own inter se seniority determined by merit. Appointment was deemed notional from the earlier selected candidates’ appointment date for the directed seniority and increments, if any, but salary was excluded for time not worked. (¶ SCR 670)
Result
Appeals dismissed subject to quashing the unrelated eligibility-date direction; specified 90 appointments directed with notional benefits and no back salary.