- (1.) O. K. Seth, J. It is alleged that pur suant to advertisement the petitioner having applied for being appointed on the post of teacher in the Ordnance Factory Intermediate College, Moradnagar, Ghaziabad. She was selected and placed at serial No. 1 on the merit list. Though per sons who were below in the merit list have been given appointment and petitioner's case was ignored. On inquiry she came to learn that she was not given appointment pursuant to certain direction issued from the head quarters. Being aggrieved she has moved writ petition praying for appropriate relief as quoted below:- " (i) Issue a writ certiorari, order or direc tion in the nature of certiorari quashing the order dated 11-10- 94 passed by respondent No. 1 (Annexure 16'); (ii) Issue a writ of mandamus, order or direction in the nature of mandamus directing the respondents to appoint the petitioner on the post of Assistant Teacher (Hindi, Sanskrit) in Ordnance Factory Intermediate College, Morad' nagar in pursuance of the selection held on 2-9-1994. "
(2.) IN the counter-affidavit the case has been made out that the petitioner is in eligible because she lacked minimum requi site qualification inasmuch as in view of clarification issued by the Director General, Ordnance Factories dated 29-10-90 two years experience includes only that part of experience which has followed after the ac quisition of minimum qualification namely, BA. and B. E. D. and any experience acquired before acquiring relevant qualification can not be considered. Therefore, the petitioner when found not possessed of requisite mini mum qualification with regard to two years teaching experience after acquisition of B. ED. degree she is ineligible and cannot be given appointment though selected by the selection committee. Mr. Ashok Bhushan, learned coun sel for the petitioner contends that the rules prescribing qualification does not point out specifically that teaching experience follow ing the acquisition of qualification is only to be counted. There is also no indication to that extent in the advertisement itself. The 'petition or despite such possession had been allowed to appear in the. selection and was selected and placed at the top of the merit list, indicates that the ground made out was after thought and, therefore, the petitioner is entitled to declaration that she is duly qualified and eligible accordingly to be given appointment pursuant to such selec tion. Mr. S. Harkauli, learned counsel for the respondents, on the other hand, con tends that very arrangement of the qualification in the rules which is annexure I to the writ petition indicates that it has to be followed on the basis of serial at which it has been arranged, Since third minimum qualification was two years teaching follow ing first two qualification namely, B. A. and B. E. D. therefore, it implies that teaching experience has to be acquired after acquisi tion of minimum qualification and teaching experience acquired prior to acquisition of qualification has to be ignored. The clarification does not supplement the rules but clarifies the make rules which as already understood, is according to the intention of the framers of the Rules. He further con tends that if a person is not eligible or is unqualified even if the selection committee selects the same does not stop the appoint ing authority from refusing appointment to such candidate so selected. The Court can not direct the appointment of ineligible per son who is not in possession of requisite minimum qualification for being appointed. He further contends that selection is always subject to verification of qualification. Therefore, by reason of selection of the petitioner at the top in the merit list is also subject to verification of such qualification and unless the petitioner fulfills minimum eligibility crieteria despite her selection at the top respondents are not bound to give her appointment.
(3.) HAVING heard learned counsel for the petitioner it appears that qualification has been laid down in annexure I prescribed B. A. as first and B. ED. as second qualifica tion while third qualification is prescribed as two years teaching experience in recog nised school. The said qualification are quoted below:- "i" Essential 1. B. A. B. Sc. in the subject concerned from recognised University. 2. A Degree or Post Graduate Diploma in leaching/education. 3. At least 2 years teaching experience in a recognised school. II. DESIRABLe Competence to teach both in English and Regional language. " In the advertisement that was pub lished, the minimum qualification that was prescribed as compulsory qualification was that- (1) Graduate from recognised University; (2) Diploma or certificate from a recognised organization in education ; (3) Two years experience of teaching in class 6 to 10 in a recognised school. The advertisement further prescribed qualification for the post in Hindi and Sanskrit as (i) B. A. and B. Sc. degree from any recognised University in Hindi or Sanskrit ; (ii) a de gree in education or Post Graduate Diploma ; and (iii) two years teaching ex perience in class 6 to 10 in any recognised University.;