Case Note & Summary
The petitioner, a Tutor in the Department of Anatomy at AIIMS Nagpur, joined service on 16.8.2018. He applied for the Ph.D. programme July 2023 session. The prospectus required in-service candidates to have rendered minimum five years continuous service. The last date for submission of applications was 27.6.2023 (email) and 5.7.2023 (hard copy). The final list of eligible candidates was published on 20.7.2023, but the petitioner's name was not included. The petitioner approached the High Court under Article 226. The court noted that the petitioner joined on 16.8.2018, so five years would be completed on 15.8.2023. The last date for joining the Ph.D. programme was 31.8.2023. The court held that the eligibility should be determined with reference to the last date of joining, not the application deadline. Since the petitioner would complete five years before the joining date, he was eligible. The court directed AIIMS to permit the petitioner to appear for the entrance examination scheduled on 25.7.2023 and consider his candidature as an in-service candidate, subject to verification of other conditions.
Headnote
A) Service Law - Eligibility for Ph.D. Programme - Computation of Continuous Service - Clause 10.1 of AIIMS Prospectus - The issue was whether the petitioner, who joined on 16.8.2018, completed five years continuous service by the last date of joining the Ph.D. programme (31.8.2023). The court held that the period of five years would be completed on 15.8.2023, well before the last date of joining, and thus the petitioner was eligible. The court directed the respondent to permit the petitioner to appear for the entrance examination and consider his candidature as an in-service candidate. (Paras 2-6)
Issue of Consideration
Whether the petitioner, who joined service on 16.8.2018, satisfies the requirement of minimum five years continuous service as a regular employee for appearing in the Ph.D. entrance examination, given that the last date for joining the programme is 31.8.2023.
Final Decision
The court allowed the writ petition. Directed the respondent to permit the petitioner to appear for the Ph.D. entrance examination scheduled on 25.7.2023 and to consider his candidature as an in-service candidate, subject to verification of other eligibility conditions.
Law Points
- Eligibility criteria for in-service candidates
- computation of continuous service period
- last date for determining eligibility
- Ph.D. entrance examination
Case Details
2023 LawText (BOM) (07) 162
Writ Petition No.4561/2023
A.S. Chandurkar, Mrs. Vrushali V. Joshi
Mr. Harish Dangre (for petitioner), Mr. N.S. Deshpande (Deputy Solicitor General of India for respondent)
Shri Arun Kumar Arivalgan
All India Institute of Medical Sciences, Nagpur
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Nature of Litigation
Writ petition under Article 226 seeking declaration of eligibility for Ph.D. entrance examination.
Remedy Sought
Petitioner seeks declaration that he satisfies the eligibility criteria of minimum five years continuous service as a regular employee for appearing in the Ph.D. entrance examination.
Filing Reason
Petitioner's name was not included in the list of eligible in-service candidates for the Ph.D. entrance examination published on 20.7.2023.
Issues
Whether the petitioner, who joined service on 16.8.2018, has completed five years continuous service by the relevant date for the Ph.D. entrance examination.
Submissions/Arguments
Petitioner's counsel argued that as per clause 10.1 of the prospectus, a candidate must be a regular employee with minimum five years continuous service. The petitioner joined on 16.8.2018, so five years would be completed on 15.8.2023. The last date for joining the Ph.D. programme is 31.8.2023, so the petitioner would have completed five years before that date. The certificate from the Director and Head of Department supported his eligibility.
Ratio Decidendi
The eligibility of an in-service candidate for the Ph.D. programme should be determined with reference to the last date of joining the programme, not the last date for submission of applications. Since the petitioner would complete five years continuous service before the last date of joining, he is eligible to appear for the entrance examination.
Judgment Excerpts
By this writ petition filed under Article 226 of the Constitution of India the petitioner seeks declaration that he satisfies the eligibility criteria of rendering minimum continuous service of five years as a regular employee of the All India Institute of Medical Sciences, Nagpur for appearing in the entrance examination for the Ph.D. programme, July 2023 session.
Having joined as an in service candidate on 16.8.2018 the period of five years would have been completed on 15.8.2023 and as the last date for joining the Ph.D. programme was 31.8.2023 it was clear that prior to that last date the petitioner would have completed five years of continuous service.
Procedural History
The petitioner filed a writ petition under Article 226 on or around 24.7.2023 after his name was not included in the list of eligible candidates published on 20.7.2023. The court heard the matter and delivered judgment on 24.7.2023.
Acts & Sections
- Constitution of India: Article 226
