- (1.) Through this writ petition the petitioner contends that the cut off date fixed as 30.06.2008 vide Corrigendum (Annexure P-2) is irrational and arbitrary as the last date of submission of the application forms for consideration for selection and appointment as Assistant Engineer (Electronics) was 25.07.2008, which should have been taken as the last date of eligibility for selection to the post. The petitioner contends that vide Advertisement dated 27.05.2008, the posts of Assistant Engineer (Electronics) were proposed to be filled. In the said Advertisement, it was mentioned that the eligibility of the applicant will be seen as on 01.01.2008.Thereafter, an Addendum dated 20.06.2008 (Annexure P-1) was issued, wherein the last date for receipt of applications was extended up to 21.07.2008.Thereafter, a Corrigendum was issued to the earlier Advertisement dated 27.05.2008 in which it was mentioned that the eligibility of the candidates will be seen as on 30.06.2008 (the last date of submission of the applications as per the Advertisement dated 27.05.2008) instead of 01.01.2008 as earlier fixed in this Advertisement. The Corrigendum also been annexed as Annexure P-2 with the writ petition. This Corrigendum also extended the last date of submission of the applications i.e. 25.07.2008. This condition of fixing the date of eligibility as 30.06.208 instead of 25.07.2008 (the last date of submission of the applications now) has been challenged by the petitioner on the ground that the same is arbirary, irrational and without any basis.
(2.) It is the contention of the petitioner that in pursuance to the Advertisement dated 27.05.2008 and the Corrigendum, the petitioner applied for the post of Assistant Engineer (Electronics) well within time and also attached the Result-cum-Detailed Marks Card from Semester issued by the Maharishi Dayanand University, Rohtak vide leter dated 21.07.2008. It is the contention of the petitioner that the interview for the post of Assistant Engineer (Electronics) was started w.e.f. 29.09.2008 and on this basis, the petitioner submits that the petitioner was eligible for consideration for appointment to the post in question before the last date of submission of the applications as well as before the start of the interview. The respondents issued Roll numbers to the candidates, who had applied for the post and the petitioner was issued Roll No. 45598 and the petitioner was to be interviewed on 08.10.2008. When the petitioner approached the office of respondent No. 2, he came to know that he has been declared ineligible and his name figured on the list of ineligible candidates as displayed on the notice board of the respondent's office. It is the contention of the petitioner that since the petitioner did not fulfil the eligibility conditions before the cut off date i.e. 30.06.2008, the candidature of the petitioner was not considered by the respondents for appointment to the post of Assistant Engineer (Electronics).
(3.) We have heard the counsel fro the petitioner, who contends that as per the initial Advertisement dated 27.05.2008, the cut off date mentioned for considering the eligibility was 01.01.2008. By issuing Corrigendum (Annexure P-2), the respondents although had extended the last date of submission of the application forms till 25.07.2008 but had, without any basis and rationale, fixed the date of consideration of eligibility as 30.06.2008. When the respondents have fixed the date of consideration of eligibility as 30.06.2008 on the ground that as per the earlier Advertisement dated 27.05.2008, the last date of submission of the application was 30.6.2008. Now when they have extended the last date of submission of the applications till 25.07.2008, the same should have been taken as the date for determining the eligibility of the candidates.;