Desirable qualifications and procedural requirements like NOC do not constitute mandatory eligibility criteria for appointment.

The Krishna Kanta Handiqui State Open University (KKHSOU) issued an advertisement on 14.08.2020 for the post of Assistant Professor in Assamese

The Petitioner and Respondent No. 8 (Dr. Sanjib Borah) were among the shortlisted candidates interviewed on 09.10.2020

Respondent No. 8 secured the first rank with 372 marks, while the Petitioner ranked second with 352 marks

Respondent No. 8 was subsequently appointed on 20.10.2020

The Petitioner challenged this appointment, alleging that Respondent No. 8 failed to submit a mandatory No Objection Certificate (NOC) from his previous employer (Pragjyotish College) as required by the advertisement and lacked the "desirable" work experience in Open and Distance Learning (ODL)

The Petitioner further alleged favoritism in the awarding of marks for ODL experience

1. Whether the submission of a No Objection Certificate (NOC) from the previous employer was a mandatory eligibility condition, the absence of which would vitiate the selection of Respondent No. 8

2. Whether "desirable qualifications," specifically work experience in ODL, are compulsory requirements for eligibility or merely preferential attributes for assessing merit

3. Whether the awarding of marks for ODL experience based on oral performance during an interview, rather than pre-submitted documents, was procedurally irregular

The Court primarily applied the distinction between "Essential" and "Desirable" qualifications as established in Maharashtra Public Service Commission v. Sandeep Shriram Warde, holding that essential qualifications are mandatory for eligibility while desirable qualifications are intended only for comparative merit

It also considered Rule 24 of the Assam College Employees (Provincialisation) Rules, 2010, regarding the issuance of NOCs to college employees

The Court referenced Rekha Chaturvedi (Smt) v. University of Rajasthan, which mandates that candidates must possess prescribed qualifications by the cut-off date

the Court relied on the Krishna Kanta Handique State Open University Act, 2005 (Ordinance No. 8), which defines the qualifications for academic staff

The Court reasoned that the NOC requirement mentioned in the advertisement was categorized under "General Information" and directory in nature, rather than an "Essential Qualification" that determines eligibility

Respondent No. 8 had provided an undertaking to resign if selected and subsequently had his resignation accepted by the Governing Body of Pragjyotish College, which regularized any procedural lapse

Regarding ODL experience, the Court noted it was explicitly listed as a "Desirable Qualification"

Consequently, the lack of such experience does not disqualify a candidate but only affects the weightage of marks

The University clarified that while "SLM in ODL" required documentary proof, "ODL Experience" marks were awarded based on oral performance and interview depth, which falls within the expert domain of the Selection Committee

The Court found no evidence of favoritism, noting that Respondent No. 8 possessed all essential academic qualifications (Master’s and NET/Ph.D.) required by UGC Regulations and the University Act

the NOC was a procedural directory requirement adequately addressed by the appointee's resignation and the college's subsequent resolution

desirable qualifications such as ODL experience are not mandatory for eligibility

the awarding of marks based on interview performance is a legitimate exercise of the Selection Committee’s discretion

No order as to costs was made