MOHD. SOHRAB KHAN v. ALIGARH MUSLIM UNIVERSITY & Ors.
Case at a glance
Provisions considered
Judgment
qualification is earmarked for a particular post and then it A is advertised. It is also established from the records and there is no dispute with regard to the fact that pure Chemistry and Industrial Chemistry are two different and separate. , subjects. The course contents would indicate that what., is dealt therein is not Industrial Chemistry but Engineering B Chemistry. It has not been informed as to whether Engineering Chemistry is considered to be at par with Industrial Chemistry. [Paras 14 and 15] [915-G-H; 916-8]
1.4 The post which was advertised to be filled up is at present vacant and the same is being manned by C appointing a Guest Lecturer who holds a Masters Degree in pure Chemistry. If the requirement was to have a person having Masters Degree in Industrial Chemistry, then in that event the post would have been manned through a Guest Lecturer from the Industrial Chemistry stream. Therefore, D it cannot be accepted that the person holding a Masters. Degree in Industrial Chemistry would be better suited for ~ appointment as against the said post. [Paras 16 and 17] [916-C; 916-D]
1.5 The Selection Committee as also the University .E changed the rule in the midstream which was not ~.'. permissible. The University can always have a person as a Lecturer in a particular discipline that it desires to have, but the same must be specifically stated in the advertise ment itself, so that there is no confusion and all persons F who could be intending candidates, should know as' to what is the subject which' the person is required to teach and what essential qualification the person must possess to be suitable for ma~ing application for filling up the said post. [Para 19] [916-G-H; 917-A] G -'t
1.6 In the matter of selection of candidates, opinion of the Selection Committee should be final, but at the same time, the Selection Committee cannot act arbitrarily and cannot change the criteria/qualification in the selection process during its midstream. 'M' did not possess a H 910 SUPREME COURT REPORTS [2009] 2 S.C.R. A degree in pure Chemistry and therefore, it was rightly held by the High Court that he did not possess the minimum qualification required for filling up the post of Lecturer Chemistry, for pure Chemistry and Industrial Chemistry are two different subjects. [Para 20] [917-8-C] B
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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