- (1.) BY the Court-The main point for consideration in this bunch of petitions is as to whether selection of teachers is to be made on the basis of advertisement issued some three years ago or on the basis of qualifications for the posts statutorily amended relaxing certain essential qualifications, few months prior to issuance of interview letters. The supplementary questions arising out of the same are as to whether a fresh advertisement should have been issued or interview in respect of vacancies which existed then should have been on the basis of qualifications as it existed then. In this bunch of petitions it is to be noticed that the Education Commission has adopted even unconstitutional and contradictory process of selection. In some cases on the basis of same advertisement, interview took place while in some of the cases interview took place on the basis of changed and relaxed qualifications.
(2.) FOR the post of appointment of Lecturers in the associated colleges or degree colleges regulations were framed by the U. P. Higher Education Service Commission. The State Government issued a notification dated 12-10-88, amending the first statutes of the Lucknow University. Clause 11, 13 (1) and 11.13 (3) of the said Statutes provide, minimum qualification for the post of Lecturer. By the said notification essential qualifications as mentioned above namely Ph. D. and M. Phil. were dropped. In some of the cases advertisement was issued earlier and selection took place on the basis of advertisement, while in some cases fresh advertisement was issued after amendment of statutes referred to above and that is why it has been challenged by means of this writ petition. The advertisement in question was issued before the said amendment but selection took place after the amendment came into force. It is not, the amended qualifications which enlarge the field of eligibility but it is the unamended qualifications, on the basis of which the advertisement was issued and on the basis of which selection shall be made. In this connection reference may be made to the case of Dr. V. R. Pal v. State of J. and K., 1984 (1) SCC 160. In the said case the minimum qualifications as required in the advertisement inviting the applications for admission in M.D. course was given. But subsequently the qualifications were ' changed with the result that the doctor who approached the Hon'ble Supreme Court failed to satisfy the Government Order regarding which no reference was made in the advertisement even though it was in existence. The court held that minimum eligibility required by the advertisement inviting applications should be the basis of selection. The reasoning given in the said case fully apply in this case. In the case of Smt. Swaran Lata v. Union of India, 1979 (3) SCC 165, it was held that no relaxation in the qualifications can be made when advertisement has duly been issued inviting applications and persons possessing the qualifications advertised, as prescribed by the rules, are available and have submitted their applications. It is always possible to the State Government to change qualifications or relax qualifications, but whenever qualifications are changed and interview is taken and appointments on its basis are made, obviously fresh applications on the basis of changed qualifications can be invited and then appointments should be made. The qualifications mentioned in advertisement cannot be changed at the tims of selection, but the same can be made at the time of issuing advertisement which would enable all eligible persons to apply for the same.
(3.) THE main question which arises for consideration in this case is as to whether in pursuance of an advertisement issued in the year 1986, selection by way of interview, in the year 1989, on the basis of amended qualifications as laid down in advertisement was valid or invalid. THE relaxation in qualification was made in the year 1988 and even then process of selection did not progress any further and advertisement remained rather a dead letter during this long period. One who was qualified at the time of advertisement shall continue to be qualified for the said purpose even if by lapse of time he became over-age. Thus it is always open to the appointing authority to change the conditions and offer appointments on the vacant posts. THE Lucknow University by means of a resolution decided that as far as possible, selection should be made within a period of one year from the date of advertisement. But in this case because of non-functioning of the Commission much delay has been caused. With this legal position the facts of each case are to be seen. In Writ Petition No. 1130 of 1989 (Dr. Leena Khare v. U. P. Higher Education Service Commission) the complaint of the petitioner is that the process of selection as contained in advertisement dated 12-10-88, without issuing fresh notification on the basis of advertisement issued on 2- 8-86 and without altering conditions of appointment, the Commission had no jurisdiction to apply new qualifications as contained in notification dated 12-10-1988 and the same vitiates entire selection.;