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2002 DIGILAW 109 (DEL)

A. CHOWDHURY v. UNION OF INDIA

2002-01-25

MANMOHAN SARIN

body2002
MANMOHAN SARIN ( 1 ) RULE. WITH the consent of the parties, writ petition is taken up for disposal. ( 2 ) PETITIONER has filed this writ petition assailing the selection list, as declared by the respondent on 20/1/2002 in respect of the course of "executive Masters in International Business" at the indian Institute of Foreign Trade. ( 3 ) PETITIONER, who happens to be a Squadron leader in the Indian Force, is aggrieved by what he terms as the arbitrary manner of interview and selection. The grievance of the petitioner emanates from the fact that the respondent for this course have selected only those candidates, who displayed and showed prior knowledge and experience in International business. ( 4 ) LEARNED counsel for the petitioner contends that the selection was not in conformity with and as per the prospectus. The eligibility criteria for seeking admission to the course did not specify any such prior knowledge or experience in International business relations. The eligibility criteria as given was "post-Graduate Degree/engineering Degree or equivalent from any recognised University or institution. Managerial work experience of three years or Graduation or equivalent degree from any recognised university or Institution. Managerial work experience of five years. " ( 4 ) LEARNED counsel contends that the petitioner fully met these eligibility conditions and, therefore, considering his overall merit performance and experience, he was fully eligible and should have been selected. He has candidly stated that during the course of interview he had disclosed to the persons taking interview that he did not have any prior knowledge or experience in International Business relations. Rather, it was this desire to learn and improve his post retiral prospects that he had applied for the course. ( 5 ) LEARNED counsel for the petitioner submits that on making enquiries respondents had informed the petitioner that only those candidates who were engaged and employed in the field or had special knowledge in International Business Relations, have been selected. ( 6 ) IN today s highly competitive situation petitioner cannot make a grievance if the respondents in the process of selection, find for the course candidates, who are qualified and in addition have prior knowledge and experience of International business relations. The eligibility criteria in the prospectus normally specifies the minimum qualification and experience for eligibility. ( 6 ) IN today s highly competitive situation petitioner cannot make a grievance if the respondents in the process of selection, find for the course candidates, who are qualified and in addition have prior knowledge and experience of International business relations. The eligibility criteria in the prospectus normally specifies the minimum qualification and experience for eligibility. It, however, does not guarantee or make a representation that those possessing qualifying eligibility criteria, would get selected. The process of selection is highly competitive and in case those, who are better qualified and possessed of knowledge on the subject or experience get selected, petitioner cannot be heard to make a grievance of the same. However, with a view to avoid any mis-givings and not to belie the hope and expectations of the aspirants, public institution and bodies such as the respondents in such cases should additionally state in prospectus that due to limitation of the number of seats in the course, candidates possessing prior knowledge and experience on the subject would get preference. The writ petition is dismissed with the observations.