- (1.)RESPONDENT No. 3 issued advertisement notice No. 5 of 1995 dated 5.6.1995 whereby applications were invited from candidates to various posts including the one post of Dental Assistant in Health and Family Welfare Department, for the District Kathua. The advertisement prescribed minimum qualification for the post as matric with diploma in Dental Assistant course from State Medical Faculty or any other recognised institute. Various other candidates were laid down in the advertisement notice regarding which this court is not concerned presently. One of the conditions with which the court is concerned laid down in the advertisement notice, was that no application will be entertained after the expiry of the last date i.e., 10.7.1995. The petitioner had appeared in Part -ll (Final) examination of Dental Assistant in May 1995. The petitioner admittedly on the date of filing the application for consideration of appoint, had not qualified the Dental Assistants course. He applied in anticipation of his result which was declared in August 1995. Whereas the last date for filling the applications was July 10.1995. The petitioner was called vide No. SSRB/K/95/3891 dated 12.9.1995 to appear for an interview on 6.10.1995. According to the petitioner he appeared in the interview on the scheduled date and he was interviewed. But at the time of interview he was informed by the committee that he was not eligible for selection on the ground that he had not passed his diploma on the date which was the last date for presentation of application forms. The petitioner, on the basis of the communication communicated to him orally by the interviewing committee, has filed this petition and challenged the decision of the respondents not to consider him for the post. He has given certain instances whereby, according to him, respondents have made appointment of persons who were not qualified on the date the application had to be presented.
(2.)THE case of the petitioner is that since he was eligible on the date of interview, therefore, he was entitled to be considered. He also submits that since he was the only candidate from Kathua district who had applied for the post therefore, it would not be to the detriment of any other candidate if he was considered and finally appointed.
(3.)OBJECTIONS have been filed and learned counsels for the parties have agreed that since the matter involves a short controversy, it may be decided at this stage.
Respondents in their objections have stated that it had been emphatically made clear in the advertisement notice that all applications should accompany the requisite certificates. It was further notified through the advertisement notice the crucial date for determining the eligibility of a candidate would be the date fixed as last date for receiving of the applications; therefore, it was necessary that a candidate should possess the requisite qualifications on the date which was fixed as the last date for filling the applications. The date of interview is not material. It has further been contended that since no right had accrued to the petitioner to be considered, therefore, he could not seek a mandamus from this Court.