Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

is just happened that four posts could not be filled up the reason being non-availability of eligible
persons belonging to Scheduled Tribes community.
7. DEFENCE TAKEN BY PRIVATE RESPONDENTS:-
In their joint counter affidavit, the private respondents No.6 to 18 of the writ petition, who have
been selected and appointed to the 13 posts of Assistant Professors in different disciplines contended,
inter alia, that purely on the basis of their merit and eligibility, they have been selected and appointed.
Of them all the 9 UR candidates recommended for appointment have secured higher marks than the
petitioner and for that reason alone he cannot question their selection and appointment in the disciplines
for none of which the petitioner was an applicant. It is their specific contention that as their selection
and appointment remained within the number of posts advertised for UR category and the posts
against which they have been appointed have never been declared to be reserved, their selection and
appointment have nothing to be interfered with by the Court.
8. We have heard the learned counsel for the parties.
9. MERIT OF THE CLAIM OF ELIGIBILITY FOR THE POST IN ELECTRICAL
ENGINEERING:-
Having set out the rival contentions and noticed the decisions and conclusions of the learned Single
Judge above, we may now, before adverting to the principal contention, deal with the peripheral
questions, the first being the grievance regarding eligibility of the petitioner for the post of Assistant
Professor (Electrical Engineering) for which he was not found eligible. It is seen that the essential
qualification for the said post, as stated in the advertisement noticed above, is just as provided in the
Recruitment Rules for the post of Assistant Professors. As he neither possessed Ph.D. Degree with
Ist Class at Bachelor’s or Master’s level in Electrical Engineering or Ist Class Degree at Master’s level
in the said discipline, we are of the considered view that the Commission has rightly found the petitioner
not eligible for the post of Assistant Professor (Electrical Engineering) if strictly gone by the educational
qualifications and other qualifications provided in the Recruitment Rules.
10. SINGLE POST RESERVATION:-
Tripura PSC
The other contention advanced is regarding the post of Assistant Professor (Computer Science
and Engineering) for which the petitioner was found to be the only eligible candidate and according to
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