- (1.) This petition filed under Article 226 of the Constitution challenges order dated 15.3.2010 (P-4) rendered by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal') allowing the original application filed by the applicant respondent No. 1 and directing the respondent-petitioner to issue appointment order to him for the post of Inspector of Income Tax within a period of one month from the date of receipt of a copy of the said order.
(2.) Brief facts of the case are that on 14/20.10.2006, the petitioner-Staff Selection Commission issued a notice/advertisement (A-l) for conducting Combined Graduate Level (Preliminary) Examination, 2006 for filling up various posts including the post of Inspectors of Income Tax. Under the heading of 'Educational Qualifications', it was provided as under: 5. EDUCATIONAL QUALIFICATIONS: Essential Qualification for all posts as on 01.08.2007 (1st August, 2007): Graduation in any discipline from a recognised University or equivalent as on 01.08.2007. Note-I: Candidates who have not acquired or who are not able to acquire the educational qualification on the stipulated date are not eligible and need not apply. Note-II: All candidates who are declared-qualified by the Commission for appearing at the interview will be required to produce the relevant Certificates in Original such as Marksheets for all 3 years/Provisional Certificate/Certificate of Graduation proof of acquiring the minimum educational qualification as laid down in the Notice as a result of which the candidate has claimed to be educationally qualified on the date mentioned above, failing which the candidature of such candidates will be cancelled by the Commission. Note-III....
(3.) The applicant-respondent No. 1, who was pursuing his Bachelor of Engineering (Food and Technology) course from Panjab University Chandigarh, which consists of total 8 Semesters, applied for the post of Inspector of Income Tax in response to the said Notice/Advertisement. It is undisputed that he had cleared the examination of 7th and 8th Semesters of said Course held in December 2005 and May 2006, the results, whereof were declared on 7.6.2006 and 26.7.2006 (A-7 and A-8 respectively). Sincere could not clear the examination of 6th Semester by that time, therefore, his final result was not declared by the Panjab University. He appeared for the 6th Semester examination held in May 2007. The result of said examination though was declared on 1.8.2007 but it was notified on the next day i.e. 2.8.2007.;