Case Note & Summary
The petitioner, Smt. Sweta, applied for the post of Secondary School Assistant Teacher (English Language) under Category III-B (Woman) (Hyderabad Karnataka Quota). The last date for submission of applications was 16.06.2015. She possessed an eligibility certificate dated 23.06.2015 issued by the Competent Authority, which was valid at the time of selection. However, the Selection Authority rejected her candidature on the ground that the eligibility certificate was cancelled on 28.11.2017, after the selection process had commenced. The petitioner challenged this rejection before the Karnataka Administrative Tribunal (KAT) in Application No.284/2018, which was dismissed on 23.01.2018. Aggrieved, she filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The High Court held that the eligibility of a candidate must be determined as on the last date fixed for submission of applications, and any subsequent cancellation of a certificate cannot affect the vested right of the candidate. The Court found that the KAT had erred in law by not considering this settled principle. Consequently, the High Court quashed the impugned order of the KAT dated 23.01.2018 and the reply dated 28.11.2017 issued by the Selection Authority, and directed the Selection Authority to consider the petitioner's claim afresh in accordance with law, taking into account the eligibility certificate dated 23.06.2015.
Headnote
A) Service Law - Recruitment - Eligibility Certificate - Cancellation - Vested Right - The issue was whether the Selection Authority could reject the candidature of a candidate based on cancellation of her eligibility certificate after the last date for submission of applications. The Court held that the eligibility of a candidate must be determined as on the last date fixed for submission of applications, and any subsequent cancellation of a certificate cannot affect the vested right of the candidate. The impugned order of the KAT was set aside. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Certiorari - Error of Law - The Court examined whether the KAT's order suffered from an error apparent on the face of the record. It held that the KAT failed to consider the settled legal position that eligibility must be assessed as on the last date for applications, and thus the order was liable to be quashed under Articles 226 and 227 of the Constitution of India. (Paras 1-10)
Issue of Consideration
Whether the Karnataka Administrative Tribunal (KAT) was justified in dismissing the petitioner's application challenging the rejection of her candidature for the post of Secondary School Assistant Teacher (English Language) on the ground that her eligibility certificate was cancelled after the last date for submission of applications?
Final Decision
The High Court allowed the writ petition, quashed the impugned order of the KAT dated 23.01.2018 and the reply dated 28.11.2017 issued by the Selection Authority, and directed the Selection Authority to consider the petitioner's claim afresh in accordance with law, taking into account the eligibility certificate dated 23.06.2015.
Law Points
- Eligibility criteria must be considered as on the last date for submission of applications
- subsequent cancellation of certificate cannot affect vested right
- writ of certiorari lies against orders of tribunals if perverse or without jurisdiction
