RAJNISH KUMAR,J. - (1.) Heard Sri M.Usman Siddiqui, learned counsel for the petitioner, learned Standing Counsel and Sri Kunal Shah, Advocate holding brief of Sri Gaurav Mehrotra, learned counsel for respondent nos. 2 and 3.
(2.) Submission of learned counsel for the petitioner is that the petitioner had applied for the post of Combined Assistant Accountant and Auditor General against the Advertisement No.12- Examination 2016. The last date for submission of application form was 04.08.2016. The petitioner being fully eligible has applied for the post. Therefore the petitioner was issued a letter dated 20.11.2018 calling him for interview but he has not been allowed to appear in the interview, on the ground that the petitioner has obtained the O Level certificate on 30.08.2018. He further submitted that in Clause 6 of the letter dated 20.11.2018, it has been mentioned that in case the result has been declared recently and the certificate/degree has not been issued by the concerned examination body, provisional certificate would essentially be required at the time of interview. Therefore the petitioner had produced the provisional certificate dated 30.08.2018 but the same has not been considered in view of the notification dated 27.08.2018 by which the cut off date has been fixed as 04.08.2016. Therefore the submission is that on a subsequent date after issuance of the advertisement the cut off date cannot be fixed which is of a earlier period. He further submitted that no cut off date was fixed in the advertisement(supra) against which the petitioner had applied and it is only after about two years the cut of date has been fixed regarding the last date for submission of forms.He further submitted that if any date was fixed in the advertisement he is out of Court.
(3.) In view of above, he submitted that as provided in paragraph 6 of the Clause 6 of the letter dated 20.11.2018, he is entitled to be interviewed being eligible candidate.;