JUDGMENT : S.N. Prasad, J. 1. In all these writ petitions since common questions of law are involved, the same are heard together and disposed of by this common order. These Writ Petitions are under Articles 226 and 227 of the Constitution of India preferred by Odisha Staff Selection Commission through its Chairman, Bhubaneswar whereby and where under the common order dated 29.10.2015 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.2528 (C) of 2014, O.A. No.2387 (C) of 2014 and O.A. No.2527 (C) of 2014 respectively is under challenge wherein the Tribunal while allowing the Original Applications has directed the authorities to publish the result of final selection list of the candidates taking into consideration their performance in the main written examination provided they have secured the cut-off marks and there is vacancy in the category to which the applicants belong. 2. The brief facts of the case is that Odisha Staff Selection Commission floated an advertisement on 31.07.2013 for 489 posts of Assistant Training Officer (A.T.O) in Government Industrial Training Institutes and Skill Development Centers in the State under the Directorate of Technical Education and Training, Odisha. The opposite parties-applicants, being eligible, have made their applications for consideration of their candidature but their candidatures has been rejected on the pretext that they have not submitted the documents pertaining to their experience along with their application form. The Tribunal after taking note of the condition of the advertisement and considering the fact that the experience certificate being directory eligibility condition, which has been submitted by one or other candidate at the time of verification of the document, has passed the order directing the authorities to publish the result and issue of appointment letters subject to the condition that they will obtain marks above than the cut-off marks and in case of availability of vacancies. The order passed by the Tribunal in the Original Applications have been assailed by the Odisha Staff Selection Commission on the ground that the Tribunal while allowing the Original Applications has not appreciated, the fact that the applications, which has been submitted by the opposite parties-applicants was not complete and therefore, in view of the provision of advertisement as contained in Condition No.1 (d), the applications are summarily been rejected. He submitted that once the application is not complete in all respect, no right is accrued to the applicants for consideration of their candidature on the ground that without appreciating the aspect of the matter has allowed the Original Applications. 3. The learned Senior Counsel representing the opposite party-applicants controverting the said argument, has submitted that the eligibility condition as per the advertisement regarding submission of experience certificate is not mandatory rather the same is only for the purpose of getting age relaxation as would reveal from the provision of condition No.4.b under the heading of ‘eligibility’ and he has also placed the format of the application from, where under the heading ‘check list’ there is no reference of submission of experience certificate along the application form. He submitted that the contention of the learned counsel appearing for the Odisha Staff Selection Commission regarding the condition referred in Condition No.7 (e), wherein the condition contained is for submission of self attested photocopy of experience certificate issued by the Head of the Institution/DTET but since it was not mentioned in the check under the heading „check list? in the application form, it itself suggests that the said condition is not mandatory one. However, they have furnished the experience certificate at the time of verification of their document, hence it is not a case of having no experience. He further submitted that this defect cannot be said to be illegal rather it is a curable defect since it is not the case of the Odisha Staff Selection Commission that they are not possessing either mandatory qualification or the desirable eligibility condition of having experience in the particular trade. 4. Rebutting the said argument, learned counsel appearing for the Odisha Staff Selection Commission has submitted that some of the candidates have not been selected since they have obtained lesser marks than that of the cut-off marks and some of the candidates have submitted the experience certificate at the time of submission of the application forms, which is less than the period required but however he has fairly submitted that subsequently they have produced the experience certificate as required under the advertisement. 5. 5. We have heard learned counsel for the parties and on appreciating the factual aspects has found that in pursuance to the advertisement in question the candidates have participated in the selection process, their candidatures has been rejected (i) under the category who have secured lesser marks than the minimum cut off marks fixed, and (ii) due to non-submission of experience certificate. The Tribunal after appreciating the factual aspect has passed order by passing the following order: “In the result, the O.As. are allowed. The respondents are directed to publish the result of final selection list of these candidates taking into consideration their performance in the main written examination provided they have secured the cut-off marks and there is vacancy in the category to which the applicants belong. The respondents may insist for verification of original experience certificate before issuing of the appointment order if they feel it necessary and all these exercise be completed within a period of four months from the date of receipt of a copy of this order.” 6. So far as the direction with respect to the cases of such candidates who have secured lesser marks than the cut-off marks fixed, we are in no way disagreement with the decisions of the Tribunal reason being that in the selection process if marks has been fixed at the minimum cut off marks for selecting candidate and if candidates have got lesser marks than that of the cut off marks, he/she has got no right to be selected. Accordingly, there is no error in the said finding regarding the cases of such candidates. 7. The other category of candidates whose candidature has been rejected on the ground of non-submission of experience certificate, upon which the Tribunal has directed the Commission to publish their result taking into consideration that submission of experience certificate was not mandatorily to be submitted along with the application form. We thought it proper in order to scrutinize the issue with the finding of the Tribunal and for that it is important to look into the terms and conditions of the advertisement which is being reproduced below: “Condition No.7: Certificates/documents to be submitted along with the detailed application form (DAF) by the candidates for the examination. (a) Candidates of SC/ST category shall enclose self attested photocopy of caste certificate issued by the competent authority. (a) Candidates of SC/ST category shall enclose self attested photocopy of caste certificate issued by the competent authority. (b) Candidates of SEBC category should enclose self attested photocopy of valid SEBC Certificate recently issued not before six months from the last date Advertisement by the competent authority. (c) Self attested photocopy of HSC or equivalent certificate & mark sheet in support of declaration of age issued by the concerned Board/Council. (d) Self attested photocopy of NTC/NAT/Diploma/Degree Certificate & mark sheet. (e) Self attested photocopy of experience certificate issued by the Head of the Institution/DTET. (f) Self attested photocopy of discharge certificate, identity card and the document indicating the period of service rendered in defence forces in case of Ex-Servicemen candidates. (g) Self attested copy of Identity card issued by competent authority in case of persons with disability. (h) Self attested copy of Identity Card issued by competent authority in case of sports persons. (i) Candidates have to submit a certificate either of passing HSC examination with Odia as a compulsory subject, or in lieu thereof a certificate of passing a language test in Odia of M.E.standard/Class-VII issued by competent authority. (j) Original e-challan receipt/original Treasury Challan (deposit’s copy) NOTE-1: NTC/NAT/Diploma/Degree pass certificate/experience certificate/caste certificate, Odia Test pass certificate, Identity card of physically handicapped persons sports persons must have been issued by the competent authority within the last date fixed for submission of online application.” Copy of the application form has also been placed before the Court wherein the reference of 12 Certificates to be deposited have been shown under Column No.13 but there is no reference for submission of self attested photocopy of experience certificate. For ready reference, the certificates which are required to be submitted as per the application form is referred herein below. “13. Self Attested Documents submitted as part of the hardcopy of Application. (i). 10th Mark Sheet. (ii). 10th Certificate. (iii). 10 +2/Equivalent Mark Sheet. (iv). 10 +2/Equivalent Certificate. (v). Graduation Mark Sheet. (vi). Graduation Certificate. (vii). Reservation category certificate (SC/ST/SEBC), if applicable. (viii). Original Treasury Challan in support of payment of fees. (ix). Ex-Serviceman Discharge Certificate, if applicable. (x). Sports Person Certificate, if applicable. (xi). Person with Disability Certificate, if applicable. (xii). NCC Certificate, if applicable. (ii). 10th Certificate. (iii). 10 +2/Equivalent Mark Sheet. (iv). 10 +2/Equivalent Certificate. (v). Graduation Mark Sheet. (vi). Graduation Certificate. (vii). Reservation category certificate (SC/ST/SEBC), if applicable. (viii). Original Treasury Challan in support of payment of fees. (ix). Ex-Serviceman Discharge Certificate, if applicable. (x). Sports Person Certificate, if applicable. (xi). Person with Disability Certificate, if applicable. (xii). NCC Certificate, if applicable. ” It is evident from the conjoint reading of the terms and conditions of the advertisement as contained condition no.3(2), condition no.4(b), condition no.7 and column no.13 of the application form, the reference of submission of experience certification is provided. The provision of Condition no.3(2) contains the condition that a candidate must have passed 10th or equivalent examination of the recognized Board with necessary technical qualification and as per the qualification and experience are appended with Annexure-A and B respectively. The condition contained under heading ‘eligibility’ wherein under condition no.4(b) contains a condition for relaxation of age, for which age relaxation only be given to such candidates who will submit the experience certificate obtained from the government Industrial Training Institutes, however the same will not count towards their eligibility criteria. Condition no.7 which stipulate regarding the documents to be submitted along with the detailed application form by the candidates of the examination under which under column no.(e) the self attested photocopy of experience certificate issued by the head of the institution/DTET is required to be submitted. It is evident from the provision as contained in condition no.2 of the advertisement that a candidate is required to possess 10th of equivalent examination but the mandatory requirement to submit experience certificate along with application form is not being reflected from bare reading of the terms and conditions. Likewise, on bare reading of the eligibility condition as contained in condition no.4(b) the experience certificate is mandatorily to be submitted by the candidates who intends to seek age relaxation. Column no.7 of the said advertisement also contains that self attested photo copy of experience certificate to be submitted along with the detailed application form by the candidates for the examination. 8. The core question to be examined in this case is as to whether submission of application with experience certificate was mandatorily to be submitted along with the application form or not and if not submitted, can the candidature of such candidate would be rejected. 8. The core question to be examined in this case is as to whether submission of application with experience certificate was mandatorily to be submitted along with the application form or not and if not submitted, can the candidature of such candidate would be rejected. In the advertisement, there may be mandatory condition along with the directory condition and it is settled that in case of mandatory condition if not fulfilled the application has to be rejected out-rightly, to that effect the condition has been inserted in the advertisement by making stipulation that incomplete application form would be rejected. In this pretext, it is to be examined as to whether submission of experience certificate along with the application form is mandatorily to be required to be submitted or not, we on conjoint reading of the condition no.3(2), the wording is that the candidate must have passed 10th class or equivalent examination, but there is no stipulation that must submit the experience certificate along with the application form, likewise under the condition no.4(b) the experience certificate has mandatorily to be submitted seeking age relaxation and for that condition no.7 contains a condition that submission of attested copy of experience certificate to be submitted along with the application form. We on appreciation of the factual aspect, have found that the candidates whose candidatures were rejected on the ground of having not submitted experience certificate along with the application form are not seeking any age relaxation. 9. The condition at column no.13 of the application form contains list of documents to be sent through registered post before the selection committee wherein there is no reference that experience certificate is also to be submitted along with the application form. The candidates whose candidatures have been rejected who have not submitted experience certificate on the basis of the description given under column no.13 of the application form and therefore their candidature have been rejected which is also questioned before the Tribunal and the finding of the Tribunal is before us to examine its legality and propriety. The candidates whose candidatures have been rejected who have not submitted experience certificate on the basis of the description given under column no.13 of the application form and therefore their candidature have been rejected which is also questioned before the Tribunal and the finding of the Tribunal is before us to examine its legality and propriety. There is no denial over the fact that if any condition of the advertisement is said to be mandatory, there must be specific insertion in the said advertisement and there may not be any confusion for the candidates who intend to make application but by going through the advertisement we have not gathered anything that submission of the experience certificate was mandatorily to be submitted. However, there is stipulation in condition no.7 in this regard but from that it cannot be presumed that it is applicable to all because there is a condition in condition no.4(b) that the age relaxation can be granted in case the candidates submit their experience certificate to be obtained from government Industrial Training Institutions. According to our considered view, submission of experience certificate along with application form is not mandatory requirement. 10. Opposite party/applicants/candidates whose candidature has been rejected, but their contention is that they have not submitted experience certificate in view of insertion of clause 13 in the application form wherein there is no reference of experience certificate to be submitted along with application form, seems to be correct in view of submission of learned counsel for the Commission that there is no reference to that effect in Column no.13 of the application form but this is due to omission on the part of the Commission, even accepting it as omission, for the said omission, the candidates should not suffer. 11. We have already held herein above that submission of experience certificate along with application form is not mandatorily required to be submitted rather requirement of experience has been provided in the advertisement and as such, it can be seen at the time of verification of the documents and the admitted position in this regard is on the date of verification the candidates have submitted their experience certificate which were complete, hence rejection of candidatures of such candidates on this ground also cannot be said to be legal. 12. 12. We, after taking into consideration the factual aspect as discussed herein above, are of the considered view that there is no reason to differ with the finding of the Tribunal and as such we approved the order passed by the Tribunal. Accordingly, all the writ petitions stand dismissed.