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Supreme Court of India

MOHD. SOHRAB KHANversusALIGARH MUSLIM UNIVERSITY & ORS.

Citation
2009 INSC 232
Decided
20 February 2009
Disposal
Disposed off

Holding

A candidate lacking the specific qualification advertised for a post (M.Sc. Pure Chemistry) cannot be appointed, and the university must re‑advertise the post with the exact essential qualification.

Summary

Aligarh Muslim University advertised a Lecturer in Chemistry post requiring a First Class Master's in the appropriate branch, understood to mean pure Chemistry. The appellant, Mohd. Sohrab Khan, held a Master's in pure Chemistry, while the selected candidate, Merajuddin Ahmad, held a Master's in Industrial Chemistry. The selection committee appointed Ahmad, arguing his degree was more suitable, but the High Court set aside the appointment, finding Ahmad did not meet the advertised qualification. The Supreme Court affirmed that the essential qualification cannot be altered mid‑process and that Industrial Chemistry is a distinct subject from pure Chemistry. Consequently, the Court upheld the High Court’s order directing the university to re‑advertise the post with the correct essential qualification and dismissed the appeals.

Issues considered

  • Whether a candidate with an M.Sc. in Industrial Chemistry satisfies the essential qualification of a post advertised for Lecturer in Chemistry (pure Chemistry).
  • Whether the selection committee can change the essential qualification criteria after the commencement of the selection process.
  • Whether the university's appointment of a candidate lacking the advertised qualification is legally valid.
  • Whether the High Court was justified in setting aside the appointment and directing a fresh advertisement.

Subjects

service lawappointmentqualificationlecturerchemistryindustrial chemistryselection committeeeligibilityadvertisementuniversity statutes

Judgment

                                  [2009] 2 S.C.R. 907


• 1                            MOHD. SOHRAB KHAN                               A
                                           v.
                      ALIGARH MUSLIM UNIVERSITY & ORS.
                          C.ivil Appeal No. 1130 of 2009
                                FEBRUARY 20, 2009
                                                                               B
             [S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.]
                   Service Law - Appointment - On the post of Lecturer -
  1         Candidate having qualification at variance with the main
            subject, appointed - Held: Such person not qualified to be
            appointed for the post - The qualification held by candidate c
            was not specified in the advertisement - The Selection
            Committee could not have changed the essential qualification
            laid down in the advertisement in the mid-way - In the matter .
            of selection, though opinion of Selection Committee is final,
  "(
            but it cannot act arbitrarily and change the criteria/qualification D
            in the midstream - Both the degrees (required in
            advertisement and that held by the appointed candidate) are
            different - Selection List having lapsed, University given the
            liberty to lay down necessary qualification.
                                                                                E
                   Respondent-University advertised the post of
            Lecturer in Chemistry in University Polytechnic. Essential
            qualification for the same was a First Class Master's
       /,
            Degree in the appropriate branch. Appellant as well as 'M'
            applied for it. Appellant, had a First Class Master's degree
            in Chemistry (Pure) whereas 'M' had the First Class F
            Master's degree in Industrial Chemistry. Both were called
            for interview. 'M' was selected by the Selection Committee
            on the ground that he could be more suitable for the post
            as the degree in Industrial Chemistry would be best suited
            to teach the particular subject. 'M' was appointed .                G

       •        Appellant filed writ petition challenging the
            appointment of 'M' and also sought direction for his own
            appointment to the post. High Court set aside the
                                          907                                  H
     908       SUPREME COURT REPORTS                 [2009] 2 S.C.R.


,A   appointment of 'M' holding that it was not legal as he did             '    ..
     not possess the minimum qualification. Direction was
     issued to the respondent-University to initiate fresh
     selection process for the post giving liberty to the
     University to consider the essen.tial qualification. Hence,
B    the cross-appeals.
           Disposin·g of the appeals, the Court
         HELD: 1.1 High Court was justified in rejecting the
  candidature of 'M' as against the said post which was
  advertised for pure Chemistry stream. According to the                             I


C advertisement issued by the University, post in Chemistry                      1-
  had fallen vacant and in order to fill up the said post,
  applications were invited. In the advertisement it is clearly
  stated that what is advertised is a post of lecturer in
  Chemistry. Therefore, it would be necessarily assumed ·
D that candidates possessing a Masters Degree in pure
  Chemistry should submit their application as against the
  aforesaid post. The advertisement which was issued for
  filling up the post of Lecturer in Chemistry could not have
  been filled up by a person belonging to the subject of
E Industrial Chemistry when the same having been
  specifically not mentioned in the advertisement that a
  Masters Degree holder in the said subject would also be                        f
                                                                                 ~




  suitable for being considered. [Paras 10, 21 and 231 [914-                    /-
                                                                        ~       •...-
  F-G; 917-D; 919-G]
F           1.2 Whenever and wherever the University desired
  · to fill up a post at variance with the main subject, it is speci-
    fically notified and indicated in the said advertisement. If
                                                                                =
    it was necessary for the University to fill up the post from
    the stream of Industrial Chemistry, it would have so
G indicated in the advertisement itself for in subsequent
    years. Advertisement has been issued by the same.
    University for filling up the post of Lecturer in Industrial
                                                                                .'   ~·

                                                                                     '
    Chemistry by issuing an advertisement specifically in that
    regard. [Paras 11 and 12] [914-H; 915-C-D]
H          1.3 After a repeated multi-tier exercise, the ~ssential


                                                                                1.-I
                    MOHD. SOHRAB KHAN V.                      909
               ALIGARH MUSLIM UNIVERSITY & ORS.

      qualification is earmarked for a particular post and then it A
      is advertised. It is also established from the records and
      there is no dispute with regard to the fact that pure Chemistry
      and Industrial Chemistry are two different and separate. ,
      subjects. The course contents would indicate that what.,
      is dealt therein is not Industrial Chemistry but Engineering B
      Chemistry. It has not been informed as to whether
      Engineering Chemistry is considered to be at par with
      Industrial Chemistry. [Paras 14 and 15] [915-G-H; 916-8]
           1.4 The post which was advertised to be filled up is
      at present vacant and the same is being manned by C
      appointing a Guest Lecturer who holds a Masters Degree
      in pure Chemistry. If the requirement was to have a person
      having Masters Degree in Industrial Chemistry, then in that
      event the post would have been manned through a Guest
      Lecturer from the Industrial Chemistry stream. Therefore, D
      it cannot be accepted that the person holding a Masters.
      Degree in Industrial Chemistry would be better suited for ~
      appointment as against the said post. [Paras 16 and 17]
      [916-C; 916-D]
           1.5 The Selection Committee as also the University .E
      changed the rule in the midstream which was not ~.'.
      permissible. The University can always have a person as
      a Lecturer in a particular discipline that it desires to have,
      but the same must be specifically stated in the advertise-
      ment itself, so that there is no confusion and all persons F
      who could be intending candidates, should know as' to
      what is the subject which' the person is required to teach
      and what essential qualification the person must possess
      to be suitable for ma~ing application for filling up the said
      post. [Para 19] [916-G-H; 917-A]                               G
            1.6 In the matter of selection of candidates, opinion
-'t
      of the Selection Committee should be final, but at the same
      time, the Selection Committee cannot act arbitrarily and
      cannot change the criteria/qualification in the selection
      process during its midstream. 'M' did not possess a H
    910       SUPREME COURT REPORTS                  [2009] 2 S.C.R.


A   degree in pure Chemistry and therefore, it was rightly held                t   '
                                                                                   <

    by the High Court that he did not possess the minimum
    qualification required for filling up the post of Lecturer
    Chemistry, for pure Chemistry and Industrial Chemistry
    are two different subjects. [Para 20] [917-8-C]
B
          Secy. A.P Public Service Commission v. B. Swapna
    (2005) 4 SCC 154; Ktushna Chandra Sahu (Dr) v. State of
    Orissa (1995) 6 SCC 1; P K. Ramachandra Iyer v. Union of
    India (1984) 2 SCC 141 - Relied on.
c       2. With the appointment of 'M' to the said post, the
  list recommended by the Selection Committee and
  approved by the other competent authority has lapsed.
  Therefore, the order passed by the High Court giving
  liberty to the University to lay down the qualification
0 necessary   for filling up the aforesaid post is upheld. The                 )

  University shall now advertise the said post by laying
  down exact essential qualification indicating the particular                     L
  subject and subjects-stream which is required to be                              ~
  possessed for making an application to fill up the said                          ~-
E post and therefore proceed to appoint a'Lecturer suitable
                                                                                   ~
  for the aforesaid post. [Para 23] (919-H; 920-A-B]
                                                                                   I

                        Case Law Reference
          (2005) 4 sec 154          Relied on.        Para 22            --i
                                                                                   ~
F         (1995) s sec 1            Relied on.        Para 22
          (1984) 2 sec 141         Relied on.         Para 22
         CIVILAPPELLATE JURISDICTION :Civil Appeal No. 1130
                                                                                   ;,
    of 2009
                                                                                   ~


                                                                                   •
                                                                                   y---
G         From the Judgement and Order dated 03.07.2006 of the
    Hon'ble High Court of Judicature at Allahabad in Civil Misc. Writ   .;

    Petition No. 27793 of 2004.                                                        "-

                                 WITH

H         CIVIL APPEAL NO. 1131 OF 2009                                            i
      ,.



                                   MOHD. SOHRAB KHAN V.                             911
                              ALIGARH.MUSLIM UNIVERSITY & ORS.

...        f
                        S. Balakrishnan, Sr. Adv. Subramonium Prasad, V.8 .                A
                    Gugnani, lshratAli Khan, S.N. Jha,Advs. with him for the Appellants.
                         Anish Dayal, Anitha Shenoy, Bipin Bihari Singh, Vishal
                    Arun, for the Respondent.
                         The Judgement of the Court was delivered by                       B
                         DR. MUKUNDAKAM SHARMA, J.
                         1. Leave granted.
               1'

                         2. The present appeals are directed against the judgment
                    and order dated 3.7.2006 passed by the Division Bench of the           c
 I
                    High Court of Allahabad. By the common judgment and order,
                    we propose to dispose of both the said appeals.
                          3. The High Court by the said order allowed the Writ
                    Petition filed by Mohd. Sohrab Khan and set aside the Office           D
               i:
                    Memo dated 20.05.2004 issued by the University regarding
                    appointment of Merajuddin Ahmed, as a Lecturer in Chemistry
                    in University Polytechnic, Aligarh Mulsim University, Aligarh.
                          4. Mohd. Sohrab Khan filed the said Writ Petition
                    challenging the aforesaid appointment and also seeking for a E
                    direction that he be appointed to the said post on the basis of
                    his selection by the Selection Committee. Since by the said
                    judgment and order the High Court set aside the appointment
                    of the appellant MerajuddinAhmed but, however, as High Court
                    did not grant a direction as sought for by Mohd. Sohrab Khan, F
                    therefore, two appeals came to be filed in this Court on which
                    we have heard the counsel appearing for the parties. We have
                    also heard the learned counsel appearing for the Aligarh Muslim
                    University. In order to deal with the contentions raised in both
                    the appeals, it would be necessary to deal herein with some of G
                    the relevant facts leading to the filing of the writ petition.
                           5. Aligarh Muslim University issued an advertisement
                    through Advertisement No. 2 of 2004 dated 6.2.2004 whereby
                    it called for applications for filling up about 79 posts in the
                    University. One of the said posts which was advertised was the         H
    912       SUPREME COURT REPORTS                   [2009] 2 S.C.R.


A ·post of Lecturer in Chemistry in University Polytechnic, Aligarh
   Muslim University. Qualification that was laid down by the
   University as essential qualification was a First Class Masters'
   Degree in the appropriate branch of teaching post in Humanities
   and Sciences. Both Mohd. Sohrab Khan as also Merajuddin
B Ahmad submitted their applications to be considered as against
   the aforesaid post which was advertised namely Lecturer in
   Chemistry. Mohd. Sohrab Khan had a First Class Masters'
   Degree in Chemistry (Pure) whereas Merajuddin Ahmad was
   holding a First Class Masters Degree in Industrial Chemistry.
c
        The University Authority, however, called both of them for
  the interview. The Selection Committee which was constituted
  for the purpose of selecting the suitable candidate selected
  Merajuddin Ahmad on the ground that he would be more suitable
D to the aforesaid post as he holds a Masters Degree in Industrial
  Chemistry which according to them would be best suited to teach
  the particular subject for the University Polytechnic, Aligarh
  Muslim ·University. The University Authority accepted the
  aforesaid recommendation of the Selection Committee and
E issUed an order of appointment in favour of Merajuddin Ahmad.
                                                                         '.
          6. Mohd. Sohrab Khan, being aggrieved by the aforesaid
    order passed bythe Aligarh Muslim University filed a writ petition
    in the-High Court of Allahabad.
F        7. The Division Bench of the High Court of Allahabad heard
   the aforesaid Writ Petition and by a judgment and order dated
   3.7.2006 allowed the aforesaid writ petition holding that the
   aforesaid appointment of Merajuddin Ahmad to the said post is
   notlegal as he did not possess the minimum qualification. The
G .High Court consequently set aside the order of appointment
   with a direction to the respondent-University to initiate fresh
   selection process for the aforesaid post giving liberty
   to the University to reconsider the essential qualification fo the
   post, in guestion. The High Court while coming to the aforesaid
H conclusion clearly recorded that the University award degrees
               MOHD. SOHRAB KHAN V. ALIGARH MUSLIM                    913
           UNIVERSITY & ORS. [DR. MUKUNDAKAM SHARMA, J.]

...   f   separately in both subjects Chemistry as well as Industrial A
          Chemistry and that both the subjects are distinct and separate.
                By referring to the course structure of Graduate and Post
          Graduate classes in Chemistry and Industrial Chemistry, the High
          Court came to the conclusion that the courses of the aforesaid
                                                                            8
          two subjects are quite different and distinct and in the light of
          the aforesaid findings, it also recorded that degree of M.Sc. in
          Industrial Chemistry cannot be equated with the degree of M.Sc.
          in Chemistry.
                The High Court referred to the decision of this Court in Dr. C
          Bhanu Prasad Panda Vs. Chancellor, Sambalpur University
          and Others [(2001) 8 SCC 532] for coming to the conclusion
          that the eligibility qualifications cannot be ignored. The High
          Court of Allahabad held that the facts of the present case are
          similar to that of the abovementioned case wherein there was D
          an advertisement for the post of Lecturer in Political Science
          and it was held that the person having degree in Public
          Administration cannot be appointed.
                8. The contention that is raised on behalf of Merajuddin
          Ahmad is that the selection committee being constituted of E
          experts on the subjects was the only competent authority to
          decide that the person holding Masters Degree in Industrial
          Chemistry is best suited for teaching the subject for which
          advertisement was issued and the High Court acted illegally
          and without jurisdiction in interfering with the aforesaid opinion F
          of the experts by substituting its own decision.
                It was also submitted that the Masters Degree in Industrial
          Chemistry is as good as Masters Degree in Chemistry for the
          post for which the advertisement was issued and that a person G
          having Masters Degree in Industrial Chemistry was better suited
          for teaching the said subject. Learned counsel also invited our
          attention to the course contents which the teacher appointed to
          the said post was required to teach. Relying on the same, he
          submitted that a candidate having Masters Degree in Industrial H
    914       SUPREME COURT REPORTS                     [2009] 4 S.C.R.


A   Chemistry would have been better suited to teach the said                      .,        ,,.'

    subjects constituting the course contents.
         9. Learned Counsel appearing for Mohd. Sohrab refuted
    the aforesaid submissions and contended that for teaching
    Chemistry to Diploma students only the basic knowledge of
B
    Chemistry is required and therefore a person holding a Masters                            ~


    Degree in pure Chemistry is better suited to teach the said                              ~)
    subject. It was also submitted by him that Masters Degree in
    Industrial Chemistry is quite distinct and separate from pure                 "'
    Chemistry which is a separate subject altogether and therefore                           '
c   recommendation made by the Selection Committee and the
    appointment made by the University was against the
    requirements and norms laid down in the advertisement issued                             .
                                                                                             }--

    by the University and therefore the same was rightly set aside
    by the High Court.                                                                       f
                                                                                             i
                                                                                  ~
D
          Learned Counsel also submitted that since Mohd. Sohrab
    Khan was placed at serial No. 2 and the appointment of
    Merajuddin Ahmad was found to be illegal and therefore non
    est and nullity, Mohd. Sohrab Khan who was placed at serial
    No. 2 could have directly been appointed. It was submitted that
E
    as the same has not been done the second part of the judgment
    of the High Court be set aside and a direction by this Court to
    appoint Mohd. Sohrab Khan on the said post be issued.
                                                                             ,;
                                                                                        ~.

           10. According to the advertisement issued by the
F   University, post in Chemistry had fallen vacant and in order to fill
                                                                                             ,
    up the said post, applications were invited. In the advertisement                        ••
    it is clearly stated that what is advertised is a post of lecturer in
    Chemistry. Therefore, it would be necessarily assumed that                               L
    candidates possessing a Masters Degree in pure Chemistry                             i

G   should submit their application as against the aforesaid post.                      ~


                                                                                        "'.--
          11. We have gone through the aforesaid advertisement              -.               I

    which was issued for filling up various posts and on scrutiny, we
    find that whenever and wherever the University desired to fill up
    a post at variance with the main subject, it is specifically notified               _.__
H   and indicated in the said advertisement. For example,                                    ..
                                                                                             ~
                                                                                         •
                                                                                        .
                                                                                        I
                MOHD. SOHRAB KHAN V. ALIGARH MUSLIM                        915
            UNIVERSITY & ORS. [DR. MUKUNDAKAM SHARMA, J.]

..,   +   advertisement which find place at Serial No. 59 was for filling . A
          up the post of Lecturer in Civil Engineering (Environmental
          EnggJ for University Polytechnic for which qualification which
          was necessary and essential was mentioned as First Class
          Bachelor's Degree in Environmental I Civil Chemical I
          Petroleum I Biochemical Engineering/ Architecture.                B
                12. Many more posts advertised in the said advertisement
          specifically indicate that whenever the University desired to have
          a post filled up in a particular branch of the Humanities and
          Science Department, it specifically indicated as such in the said
          advertisement. If it was necessary for the University to fill up the C
          post from the stream of Industrial Chemistry, it would have so
          indicated in the advertisement itself for in subsequent years,
          we find specific advertisement has been issued by the. same .
          University for filling up the post of Lecturer in Industrial Chemistry·
          by issuing an advertisement specificaUy in that regard.                 D
                13. There is no doubt with regard to the fact that it is the
          University Authority who knows best as to what is their
          requirement. Aligarh Muslim University was founded by Central
          Act called the Aligarh Muslim University Act. It also has a statute E
          made under Section 28(1) of the said Act. Statute 22 of the
          University deals with the Boards of Studies. One of the functions
          of the said Board of Studies is to recommend to the Faculty in
          the manner prescribed in the ordinances, the field of study of
          each post at the time of its creation.
                                                                              F
                14. Statute 21 on the other hand deals with the powers
          and functions of the Faculties. The aforesaid recommendation
          of the Board of Studies is to be decided by the Faculties at
          Statute 21 of the University and therefore, it is confirmed by the
          Academic Council under Statute 19 of the University, and G
          therefore it is to be approved by the Executive Council under
          Statute 17(2)(1) of the University. After such a repeated multi-
          tier exercise, the essential qualification is earmarked for a
          particular post and then it is advertised. It is also established
          from the records and there is no dispute with regard to the fact H
       916       SUPREME COURT REPORTS                     [2009] 2 S.C.R.


  A    that pure Chemistry and Industrial Chemistry are two different
       and separate subjects.
            15. Learned counsel appearing for Merajuddin Ahmad
       strongly relied upon the course contents. A bare look at the same
       would indicate that what is dealt therein is not Industrial Chemistry
  8
       but Engineering Chemistry. We are not informed as to whether
       Engineering Chemistry is considered to be at par with Industrial
       Chemistry.
            16. Learned Counsel appearing for the University on our
  c    enquiry fairly stated before us that the aforesaid postwhich was
       advertised to be filled up in the aforesaid manner is at present
       vacant and the same is being manned by appointing a Guest
       Lecturer who holds a Masters Degree in pur~ Chemistry.
            17. If the requirement was to have a person having Masters
·. D   Degree in Industrial Chemistry, then in that event the post would
       have been mann.ed through a Guest Lecturer from the Industrial
       Chemistry stream. lherefore, it cannot be accepted that the
       person holding a Masters Degree in Industrial Chemistry would
       be better suited for appointment as against the said post.
  E
             18. The post advertised was meant for a person belonging
       to the pure Chemistry Department for if it was otherwise, then it
       would have been so mentioned in the advertisement itself that
       a person holding a Masters Degree in Industrial Chemistry
       should only apply or that a person holding such a degree could
  F    also apply alongwith other persons. It was not so mentioned in
       the advertisement and therefore, except for Merajuddin Ahmad,
       no other degree holder in Industrial Chemistry had applied for
       becoming a candidate as against the aforesaid post.
  G           19. According to us, the Selection Committee as also the
       University changed the rule in the midstream which was not
       permissible. The University can always have a person as a               r
       Lecturer in a particular discipline that it desires to have, but the
       same must be specifically stated in the advertisement itself, so
 H     that there is no confusion and all persons who could be intending
                      MOHD. SOHRAB KHAN V. ALIGARH MUSLIM                       917
                  UNIVERSITY & ORS. [DR. MUKUNDAKAM SHARMA, J.]

                 candidates, should know as to what is the subject which the A
                 person is required to teach and what essential qualification the
                 person must possess to be suitable for making application for
                 filling up the said post.
    t<
                      20. We are not disputing the fact that in the matter of
                                                                                     .B
                 selection of candidates, opinion of the Selection Committee
                 should be final, but at the same time, the Selection Committee
                 cannot act arbitrarily and cannot change the criteria/qualification
___.     I
                 in the selection process during its midstream. Merajuddin
                 Ahmad did not possess a degree in pure Chemistry and
                 therefore, it was rightly held by the High Court that he did not
                                                                                      c
                 possess the minimum qualification required for filling up the post
                 of Lecturer Chemistry, for pure Chemistry and Industrial
                 Chemistry are two different subjects.
                       21. The advertisement which was issued for filling up the D
                 post of Lecturer in Chemistry could not have been filled up by a
                 person belonging to the subject of Industrial Chemistry when
                 the same having been specifically not mentioned in the
                 advertisement that a Masters Degree holder in the said subject
----"'           would also be suitable for being considered. There could have E
                 been intending candidates who would have applied for
                 becoming candidate as against the said advertised post, had
                 they known and were informed through advertisement that
             •   Industrial Chemistry is also one of the qualifications for filling up
                 the said post. The Selection Committee during the stage of F
                 selection, which is midway could not have changed the essential
                 qualification laid down in the advertisement and at that stage
                 held that a Masters D,egree Holder in Industrial Chemistry would
                 be better suited for manning the said post without there being
                 any specific advertisement in that regard. The very fact that the G



"                University is now manning the said post by having a person
                 from the discipline of pure Chemistry also leads to the
                 conclusion that the said post at that stage when it was advertised
                 was meant to be filled up by a person belonging to pure
                 Chemistry stream.                                                     H
    918        SUPREME COURT REPORTS                     [2009] 2 S.C.R.


A         22. In Secy., A.P. Public Service Comm!ssion v. B.
    Swapna, [(2005) 4 SCC 154] at para 14 it was held by this
    Court that norms of selection cannot be altered after
    commencement of selection process and the rules regarding
    qualification for appointment,. if amended, during continuation
B   of the process of selection do not affect the same. Further at
    para 15 it was held that the power to relax the eligibility condition;.
    ifany, to the·selection must be clearly spelt out and cannot be
    otherwise exercised. The said observations are extracted herein
    below:
c
           "14. The High Court has committed an error in holding
          Jhat the amended rule was operative. As has been fairly
           conceded by learned counsel for Res8ondent 1 applicant
           it was the unamended rule which was applicable. Once a
D          process ofselection starts, the prescribed selection criteria
           cannot be changed. The logic behind the same is based
           on fair play. A person who did not apply because a certain
           criterion e.g. minimum percentage of marks can make a
           legitimate grievance, in case the same is lowered, that he
E          could have applied because he possessed the said
           percentage. Rules regarding qualification for appointment
           if amended during continuance of the process of selection
           do not affect the same. That is because every statute or
           statutory rule is prospective unless it is expressly or by
F          necessary implication made to have retrospective effect.
           Unless there are words in the statute or in the rules showing
           the intention to affect existing rights the rule must be held
           to be prospective. If the rule is expressed in a language
           which is fairly capable of either interpretation it ought to
G          be considered .as prospective only. (See P Mahendran v.
           State of Karnataka (1990) 1 SCC 411 and Gopal Krushna
           Rath v. MA.A. Baig (1999) 1 sec 544.)
          15. Another aspect which this Court has highlighted is
          scope for relaxation of norms. Although the Court must
H
         MOHD. SOHRAB KHAN V. ALIGARH MUSLIM                    919
     UNIVERSITY & ORS. [DR. MUKUNDAKAM SHARMA, J.]

         look with respect upon the performance of duties by experts A
         in tile respective fields, it cannot abdicate its functions of
         ushering in a society based on rule of law. Once it is most
         satisfactorily established that the Selection Committee
         did not have the power to relax essential qualification, the
         entire process of selection so far as the selected B
         candidate is concerned gets vitiated. In PK.
         Ramachandra Iyer v. Union of India (1984) 2 SCC 14_1
•
'

         this Court held that once it is established that there is no
         power to relax essential qualification, the entire process
         of selection of the candidate was in contravention of the C
         established norms prescribed by advertisement. The
         power to relax must be clearly spelt out and cannot
         otherwise be exercised."
          In Krushna Chandra Sahu (Dr) v. State of Orissa,             o
    [(1995) 6 SCC 1], at para 34 it was held by this Court the
    Selection Committee does not even have the inherent jurisdiction
    to lay down the norms for selectiOIJ nor can such power be
    assumed by necessary implication. In the said case reference
    was made to the decision in P. K. Ramachandra Iyer v. Union E
    of India ((1984) 2 SCC 141], wherein at para 44 it was
    observed:

         "By necessary inference, there was no such power in the
         ASRB to add to the required qualifications. If such power
         is claimed, it has to be explicit and cannot be read by       F
         necessary implication for the obvious reason that such
         deviation from the rules is likely to cause irreparable and
         irreversible harm."

          23. After analysing the present issue in the light of the G
    abovesaid legal proposition laid down by this Court we hold
    that the High Court was justified in rejecting the candidature of
    Merajuddin Ahmad as against the said post which was
    advertised for pure Chemistry stream. However, with the
    appointment of Merajuddin Ahmad to the said post, the list H
    920       SUPREME COURT REPORTS                    [2009] 2 S.C.R.


A   recommended by the Selection Committee and approved by
    the other competent authority has lapsed. We, therefore, uphold             ;
                                                                                 ,
                                                                                 ;-
    the order passed by the High Court giving liberty to the University
    to lay down the qualification necessary for filling up the aforesaid
    post. The University shall now advertise the said post by laying
B   down exact essential qualification indicating the particular
    subject and subjects-stream which is required to be possessed               I    '
    for making an application to fill"up the said post and therefore
    prbceed to appoint a Lecturer suitable for the aforesaid post.

c        24. In terms of the above said both the appeals are
    disposed of.

    K.K.T.                                      Appeals disposed of.




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