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DR SUMAIRA NAZIR ZAZ v. D/O HIGHER EDUCATION UT OF J&K
Case Summary: T.A. No. 62/1117/2021 (Central Administrative Tribunal, Jammu Bench)
Factual and Procedural Background
This dispute arose from Recruitment Notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017 issued by the J&K Public Service Commission (PSC) on the indent of the Higher Education Department for the post of Assistant Professor (Geology). The advertisement prescribed a Master's Degree in the relevant subject (Geology) as the requisite qualification.
Applicants Dr. Sumaira Nazir Zaz, Rais Ahmad Khan and Sajad Hussain Bhat applied for the post holding M.Sc. degrees in "Applied Geology". The PSC issued a notice dated 26.03.2019 rejecting the applicants' candidature on the ground that they did not possess the prescribed qualification (M.Sc. in Geology) as per the advertisement.
The applicants contended that their M.Sc. in Applied Geology was equivalent to M.Sc. (Geology), relying on a communication dated 19.12.2017 from the Under Secretary to the Government, Higher Education Department, which, according to the applicants, conveyed the University of Kashmir's position that M.Sc. Applied Geology be considered equivalent. They filed this Tribunal Application seeking (a) certiorari to quash the PSC notice dated 26.03.2019 insofar as it rejected them, (b) mandamus to declare them eligible and permit them to appear for the viva-voce, and (c) mandamus to treat M.Sc. Applied Geology as equivalent to M.Sc. Geology.
The matter was heard via video conferencing and the Tribunal (Hon'ble Mr. Rakesh Sagar Jain, Member (J) and Hon'ble Mr. Anand Mathur, Member (A)) pronounced its order on 07 December 2021. The Tribunal dismissed the application and made no order as to costs.
Legal Issues Presented
- Whether the PSC's notice dated 26.03.2019 rejecting the applicants for not possessing the prescribed qualification (M.Sc. in Geology) should be quashed (certiorari).
- Whether the applicants holding M.Sc. in Applied Geology should be declared eligible for the post of Assistant Professor (Geology) and be allowed to participate in the selection process including the viva-voce (mandamus).
- Whether M.Sc. in Applied Geology can be treated as equivalent to M.Sc. (Geology) for the purpose of the recruitment notified by the PSC and whether such equivalence can be recognized midstream during the selection process.
Arguments of the Parties
Applicants' Arguments
- The applicants held M.Sc. degrees in Applied Geology and had applied against the advertisement for Assistant Professor (Geology).
- They relied on a communication dated 19.12.2017 from the Under Secretary to the Government, Higher Education Department which, as per applicants, stated that the University of Kashmir considered M.Sc. in Applied Geology equivalent to M.Sc. (Geology) and asked the PSC to consider such candidates for appointment.
- On this basis the applicants contended that their degrees were the equivalent qualification required by the advertisement and therefore they were entitled to be considered in the selection process and to appear for oral test/viva-voce.
Respondents' Arguments
- The respondents (State/Higher Education Department/PSC) maintained that recruitment rules and the advertisement prescribe specific qualifications and the selecting authority cannot insert or treat another qualification as equivalent where it was not specified.
- It was pleaded that M.Sc. in Applied Geology is not the same as M.Sc. (Geology) as prescribed by the advertisement and recruiting authority.
- The respondents argued that qualification criteria are for the indenting department to determine; equivalence is not a matter for this Tribunal to decide by way of judicial review.
- It was pointed out that allowing equivalence midstream or for only some candidates would prejudice those who did not apply because the advertisement did not notify such equivalence; any change in qualification should be public and prospective.
- Counsel for respondents noted (in the course of submissions) that a Single Judge had earlier passed an interim order in another case requiring PSC to determine equivalence of Applied Mathematics vis-à-vis Mathematics; this submission was recorded but noted only for the purpose of rejection in the present case.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Zahoor Ahmad Rather vs Sheikh Imtiyaz Ahmad, (2019) 1 SCC(L&S) 353 | Principle that prescription of qualifications for a post is a matter of recruitment policy for the State/employer; courts should not expand prescribed qualifications or determine equivalence in judicial review. | The Tribunal relied on this authority to emphasize that equivalence of a qualification is a matter for the recruiting authority and not for judicial determination; therefore it cannot read into the notified qualifications. |
| Zonal Manager, Bank of India, Kochi Vs. Aarya K. Babu, (2019) 8 SCC 587 | It is not for courts to include qualifications not specified in a notification; deviation permits ineligible persons and is impermissible without challenge to the notification. | Used to support the proposition that courts/tribunals should not read in or assume equivalence or additional qualifications that the employer did not include in the advertisement. |
| University of Mysore & Another vs C.D. Govinda Rao, AIR 1965 SC 491 | Courts should defer to academic/expert bodies on academic matters and qualifications; prescribing qualifications is the policy of the Government/employer and courts lack power to substitute such policy. | Relied upon to underscore that academic qualification standards and related decisions are for the competent authority, not the Court/Tribunal. |
| J. Ranga Swamy vs. Government of Andhra Pradesh and Others, (1990) 1 SCC 288 | It is not for the Court to question the relevance of qualifications prescribed for posts. | Referred to reinforce the settled position that courts should not rewrite qualification criteria set by recruiting authorities. |
| Massrit Khatoom v/s State of J&K, LPA No. 157/2019 (High Court order dated 10.02.2020) | Where rules prescribe a qualification and make no reference to equivalence, only persons holding the prescribed qualification are eligible; court/tribunal has no discretion to treat other degrees as equivalent. | Quoted to show that an advertisement requirement of "Master's Degree in relevant subject" permits no equivalence unless specifically provided; applied by the Tribunal as supportive authority. |
| Yogesh Kumar vs. Government of NCT Delhi, (2003) 3 SCC 548 | Recruitment must be strictly in accordance with advertisement and recruitment rules; deviations allow entry to ineligible persons and are impermissible. | Invoked to show that deviation from advertised qualifications is not permissible and may deprive eligible candidates of opportunity. |
| Mohd. Sohrab Khan vs. Aligarh Muslim University & Ors, (2009) 4 SCC 555 | Selection committees/universities cannot change qualification criteria midstream; any change must be advertised/corrigendum so that all qualified persons get opportunity. | Applied by the Tribunal to emphasize that altering or treating a different qualification as eligible during selection is impermissible unless made public and applied to all prospective applicants. |
| Devender Bhaskar v/s State of Haryana, Civil Appeal No. 7031 Of 2021 (Apex Court judgment dated 24.11.2021) | Noted as an advantage/authority supporting the settled law that tribunals/courts should not entertain equivalence determination in place of recruiting authority. | Referred to in support of the Tribunal's conclusion that PSC's action in not accepting the applicants' candidature could not be faulted. |
Court's Reasoning and Analysis
The Tribunal's analysis proceeded from established legal principles and the facts on record:
- The Tribunal began with the settled principle that the prerogative to prescribe qualifications for posts lies with the indenting department or employer (user department). The recruiting authority's specifications in the advertisement are to be treated as determinative of eligibility unless recruitment rules provide otherwise.
- The Tribunal observed that the advertisement issued on 27.10.2017 specified the qualification required (Master's Degree in the relevant subject — Geology) and did not mention any equivalent degrees or provide for equivalence in the recruitment rules or the advertisement.
- The applicants' reliance on a communication dated 19.12.2017 from the Under Secretary to the Government, Higher Education Department (stating that the University of Kashmir considered MSc in Applied Geology equivalent) was noted. However, the Tribunal emphasized that the advertisement itself did not include or notify any such equivalence; equivalence that is not published in the recruitment rules or advertisement cannot be applied midstream to benefit only certain applicants.
- The Tribunal applied binding precedents (as cited) to reinforce that courts and tribunals do not have the role of determining equivalence of qualifications in exercise of judicial review; this is primarily a matter for the recruiting authority. The Tribunal quoted and relied on authorities (including Zahoor Ahmad Rather, Aarya K. Babu, Mohd. Sohrab Khan and others) to show that (a) courts should not read into a notification qualifications not specified, and (b) change or recognition of equivalence during an ongoing selection process requires public notification/corrigendum applicable to all similarly situated candidates.
- The Tribunal noted the potential prejudice and anomaly that would result if equivalence were applied only to the applicants before the Tribunal: persons who refrained from applying because they did not possess the notified qualification would be unfairly disadvantaged. If a change were warranted, it should be notified and the selection process reopened for all eligible candidates.
- On applying these principles to the facts, the Tribunal concluded that the PSC's refusal to accept the applicants' candidature on the ground that they did not possess the specific qualification set out in the recruitment rules/advertisement was not legally impermissible and could not be faulted.
Holding and Implications
Holding: The Tribunal dismissed the T.A. (The application was DISMISSED).
Direct implications:
- The applicants remain excluded from consideration for the selection process for the advertised posts based on the PSC notice dated 26.03.2019 rejecting their candidature for lack of the prescribed qualification.
- The Tribunal recorded that there shall be no order as to costs.
Broader implications:
- The decision follows existing precedent and reiterates the settled legal position that questions of equivalence of academic qualifications are for the recruiting authority/State and cannot be determined by the courts/tribunals in exercise of judicial review. The Tribunal did not purport to lay down any new precedent; it applied established authorities to the facts of the case.
Order pronounced on: 07 December 2021. Bench: Hon'ble Mr. Rakesh Sagar Jain, Member (J) and Hon'ble Mr. Anand Mathur, Member (A).
:: 1 :: T.A No. 62/1117/2021 (Reserved)
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing T.A. 62/1117/2021
Pronounced on: This the 07th day of December 2021 HON'BLE MR. RAKESH SAGAR JAIN, MEMBER (J) HON'BLE MR. ANAND MATHUR, MEMBER (A)
1. Dr. Sumaira Nazir Zaz, Aged 38 years, D/o Nazir Ahmad Zaz, R/o Qamarwari, Srinagar.
2. Rais Ahmad Khan, Age 34 years, S/o Jahangir Ahmad Khan, R/o Aloochibagh Srinagar.
3. Sajad Hussain Bhat, Age 35 years, S/o Abdul Majeeb Bhat, R/o Khiram Anantnag.
.......................Applicants
(Advocate: Mr. Altaf Naik, Sr. Advocate assisted by Mr. Zia Ahmad Shah) Versus
1. State of Jammu & Kashmir through Commissioner/Secretary to Government Higher Education Department, Civil Secretariat, Jammu/Srinagar.
2. Chairman, Public Service Commission, Solina, Srinagar.
3. Secretary/Controller of Examinations, Public Service Commission, Solina Srinagar.
4. Mr. Vikram Kumar, Salgotra, S/o Girdhari Lal, R/o Village Panjtoot, P.O. Pallanwala, Tehsil Khour, District Jammu.
5. Naveen Hakhoo, S/o Sh. Rajinder Hakhoo R/o Hakal Satwari, Cantt. Jammu.
6. Anil Kumar Thappa, S/o Prakash, R/o Kunjwani Chowk, Near Student Choice Stationery, Jammu.
7. Mohd Altaf S/o Mohd Rashid R/o Chambi Trar, Koteranka
8. Naveed Hassan Chowdhary, S/o H.D. Parwaz R/o Dehrain, District Rajouri.
9. Reyaz Ahmad Mir, S/o Ghulam Mohammad Mir, R/o Hergam, Gundipora Kakapora Pulwama.
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:: 2 :: T.A No. 62/1117/2021 10. Shakti Kumar, S/o Natha Ram, R/o 101 Laswari Bishna, Jammu.
11. Rajesh Singh Manhas, S/o Ranjeet Singh manhas, R/o H. No. 493 Suraksha Vihar, Paloura Top, Jammu
...................Respondents
(Advocate: Mr. Amit Gupta, learned A.A.G/Mr. Azhar-Ul-Amin/Mr. Sheikh Shakeel Ahmed, Sr. Advocate assisted by Mr. Sheikh Najeeb for Respondent Nos. 4 to 8/Mr. Jahangir Iqbal Ganai, Sr. Advocate assisted by Mr. Murfad for Respondent Nos. 9 to 11)
(ORDER)
(Delivered by Hon'ble Mr. Rakesh Sagar Jain, Member-J)
1. Applicants Dr. Sumaira Nazir Zaz, Rais Ahmad Khan and Sajad Hussain Bhat have filed the present T.A. seeking the following reliefs:-
"(a) Certiorari the Hon'ble Court be pleased to issue and grant the writ of Certiorari and quash the notification dated 26.03.2019 to the extent the petitioners have been declared and deficient of requisite qualification issued by respondent Public Service Commission as contained in Annexure-I of the writ petition.
(b) Mandamus the Hon'ble Court be pleased to issue and grant the writ of Mandamus in favour of the petitioners and against the respondents, commanding the respondents to declare the petitioners (having Masters Degree in Applied Geology) eligible for the post of Assistant Professor Higher Education Department issued vide notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017 and to allow them to appear for the oral test/viva voce in continuation and in compatibility of the notice dated 25.04.2019.
(c) Mandamus the Hon'ble Court be pleased to issue and grant the writ of Mandamus in favour of the petitioners and against the respondents commanding them to treat Masters Degree in Applied Geology equivalent to Masters Degree in Geology in view of the clarification issued by Under Secretary to Government Higher Education Department vide No. HE/Equiv Applied Geology/2016 dated 12.12.2017 as
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:: 3 :: T.A No. 62/1117/2021 contained in Annexure-VI, viz-a-viz the communication issued by Vice Chancellor, the University of Kashmir vide
No. F-(VC-KU) 19 dated 28.03.2019 and to allow the
petitioners to appear for oral test/viva voce.
(d) Any other writ, order or direction which this Hon'ble Court may deem fit and in the circumstances of the case may also be passed in favour of the petitioners and against the respondents in the interest of equity."
2. Case of applicants is that respondent J&K Public Service Commission (PSC) issued Notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017, on the indent of Higher Education Department, inviting application for the post of Assistant Professor (Geology) in the Higher Education Department possessing the following prescribed qualification:
". . . . in case of scheduled Caste/Scheduled Tribe/differently - abled (Physically and Visually differently abled) Categories/Ph.D. degree holders, who have obtained their Master's Degree prior to 19th September 1991 or an equivalent grade in a point scale wherever grading system is followed at the Master's Degree level in the relevant subject from an Indian University, or an equivalent degree from an accredited foreign University."
3. It is the case of applicants that they applied for the said post having the qualification of Master's Degree in 'Applied Geology'. However, the PSC vide impugned order/notice dated 26.03.2019 (Annexure - I to the T.A.) rejected the application of applicants on the ground that they do not possess the requisite qualification as noted in the advertisement.
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:: 4 :: T.A No. 62/1117/2021 4. It is further the case of applicants that their M.Sc degree in 'Applied Geology' is equivalent to M.Sc (Geology) which is apparent from the
communication dated 19.12.2017 addressed by Under Secretary to
Government High Education Department to PSC stating therein that
M.Sc degree in 'Applied Geology' is equivalent to M.Sc (Geology) as
informed by the University of Kashmir and asking the PSC to consider
the candidates having degree in Applied Geology for appointment to
the post of Assistant Professor in Geology.
5. The applicants filed this T.A with a prayer to direct the respondents to declare them as qualified, for the post of Assistant Professor (Geology) and select and appoint them as Assistant Professor (Geology). Applicants contends that the study is about the subject of Geology, and so, it cannot be said that they do not hold the requisite qualification. So, the applicants pray that the impugned order dated 26.03.2019 to the extent of rejection of their candidature be quashed and case of applicants be considered for selection/appointment to the advertised post of Assistant Professor in Geology.
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:: 5 :: T.A No. 62/1117/2021 6. Mr. Amit Gupta, learned AAG for Respondent No. 1 has adopted the counter affidavit filed by the J&K Public Service Commission. The
respondents, on the one hand, opposing the T.A. say once the
recruitment rules stipulate a particular set of qualification for the post which finds mention in the advertisement notice, the question of
inserting another qualification does not arise. It is also pleaded that the M.Sc in applied Geology is not the same qualification as M.Sc in
Geology.
7. We have heard and considered the arguments of the learned counsel for applicants and respondents as well as learned AAG for respondent No. 1 and gone through the materials on record.
8. It is a settled position that it is the prerogative of the user department to stipulate the qualifications for the posts, in their establishment. Howsoever equivalent or similar, the other qualifications may appear, the concerned authority has its own purpose or objective in prescribing qualifications of a particular description, for the concerned post. Once the qualifications prescribed in the advertisement are treated as essential, there is no way to ignore them. A candidate would acquire
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:: 6 :: T.A No. 62/1117/2021 eligibility only on possessing a degree or qualification prescribed in the recruitment rules.
9. Any doubt that existed in this regard, stood resolved by the Hon'ble
Supreme Court in Zahoor Ahmad Rather vs Sheikh Imtiyaz Ahmad,(2019) 1 SCC(L&S) 353 by holding that:-
"22. We are in respectful agreement with the interpretation which has been placed on the judgment in Jyoti KK in the subsequent decision in Anita (supra). The decision in Jyoti KK turned on the provisions of Rule 10(a)(ii). Absent such a rule, it would not be permissible to draw an inference that a higher qualification necessarily pre-supposes the acquisition of another, albeit lower, qualification. The prescription of qualifications for a post is a matter of recruitment policy. The state as the employer is entitled to prescribe the qualifications as a condition of eligibility. It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications. Similarly, equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the state, as the recruiting authority, to determine."
10. Whereas in the case of Zonal Manager, Bank Of India, Zonal Office, Kochi Vs. Aarya K. Babu, (2019) 8 SCC 587, the Hon'ble Apex Court held that:-
"13. Though we have taken note of the said contention we are unable to accept the same. We are of such opinion in view of the well-established position that it is not for the Court to read into or assume and thereby include certain qualifications which have not
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:: 7 :: T.A No. 62/1117/2021 been included in the Notification by the employer. Further the rules as referred to by the learned counsel for the respondents is pointed out to be a rule for promotion of officers. That apart, even if the qualification prescribed in the advertisement was contrary to the qualification provided under the recruitment rules, it would have been open for the candidate concerned to challenge the
Notification alleging denial of opportunity."
11. It was categorically held by their Lordships that it is the prerogative of the concerned department to prescribe the qualifications, as per, the recruitment policy and the Courts cannot enter the arena of equivalence. The State as the employer is entitled to prescribe the qualifications as a condition of eligibility. It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications. Similarly, equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine.
12. Learned counsel for applicants referred to letter dated 19.12.2017 addressed to Secretary, J&K Public Service Commission by Under Secretary to Government, High Education Department informing that
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:: 8 :: T.A No. 62/1117/2021 as per the University of Kashmir, the MSc in Applied Geology be considered equivalent to minimum qualification as have been
prescribed in the Advertisement notice and therefore since the
applicants possess the equivalent qualification, they are entitled to be considered in the selection process.
13. On the other hand, the respondents, opposing the T.A. say that once the recruitment rules stipulate a particular set of qualifications for the post, the question of inserting another qualification, higher or equivalent does not arise and prescribing the qualification criteria lies within the exclusive jurisdiction of the Administration and the Tribunal has very limited power to review the criteria laid down in the advertisement notice. And in any case, the Selecting body cannot go beyond the prescribed qualification as set by the indenting department and laid down in the advertisement notice. To do, otherwise would be discriminating against the persons who did not apply going by the advertisement notice that a particular educational qualification is required which is not possessed by them.
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:: 9 :: T.A No. 62/1117/2021 14. Before dealing with the submission advanced by the learned counsel for the parties, it would be apt to note the settled law that it is not in the province of this Tribunal in exercise of its jurisdiction to go into and
prescribe the essential qualification for selection/appointment on a post. In the case of University of Mysore and Another vs. C.D. Govinda Rao.
AIR 1965 SC 491, it has been observed by Hon'ble Supreme Court that
normally it is wise and safe for the courts to leave the decision of
academic matters to experts, who are more familiar with the problems
they face than the courts generally can be. It is equally well settled
principle of law that it is the policy of the Government or the employer
to create a post or to prescribe the qualification for the post. The Court or any Tribunal is devoid of any power to give any such direction.
15. In the case of J. Ranga Swamy vs. Government of Andhra Pradesh and
others, reported in [(1990) 1 SCC 288, it has been held by the Supreme Court that it is not for the Court to consider the relevance of qualifications prescribed for various posts.
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:: 10 :: T.A No. 62/1117/2021 16. It is settled law that any decision of the academic body of the university or the indenting department/Government should be by a specific order
or resolution, duly published finding its mention in the recruitment
rules and the advertisement notice to give sufficient notice to the public
at large to apply and not specify its equivalence midway during the
selection process less it prejudices the persons who did not apply due to
non-publication of the eligible equivalent degree. In the present case,
there is nothing in the recruitment rules to show the standard of
equivalence has been declared by the indenting
department/Government, as such the PSC is bound to follow the
eligibility criteria given to it by the indenting department, unless the
statutory provide otherwise. We may refer to judgment dated
10.02.2020 in LPA No. 157/2019 titled Massrit Khatoom v/s State of
J&K passed by the Hon'ble High Court wherein it was held that:-
"12. Thus, the qualification prescribed in the Rules for the post of
Lecturer (10+2) is clearly "Master's Degree in relevant subject".
The rule makes no reference to equivalence. Therefore, only a person holding this qualification is rendered eligible for selection to the post. In this background, no discretion is left, either to the respondents or this Court, to consider any other degree possessed by a candidate as being equivalent to the "Master's Degree in the relevant subject".
13. It is undisputed that the relevant subject in the instant case was Mathematics. It is not open to this Court to hold that a Master's
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:: 11 :: T.A No. 62/1117/2021 Degree in Applied Mathematics is a degree equivalent to a Master's Degree in Mathematics, the relevant subject and thereby to hold the appellant eligible for selection and appointment to the post in question.
16. It is submitted before us by Mr. Gupta that the learned Single Judge had passed an interim order dated 22nd February, 2019 requiring the Public Service Commission to determine as to whether a Master's Degree in Applied Mathematics was the same as the Degree in Mathematics as required by the Advertisement Notice dated 19th March, 2016. This submission is being noted only for the purpose of rejection. The selection pursuant to the Advertisement Notice dated 19th March, 2016 has to be considered in terms of the then extant Jammu and Kashmir Education (Gazetted) Services Recruitment Rules, 1992. Any amendment to the Rules, if effected after issuance of the Advertisement, would have to apply prospectively."
17. It be noted that the advertisement was issued on 27.10.2017 and the correspondence of the Government with the PSC is dated 19.12.2017. So, by way of Advertisement notice, the detail of the qualification to be possessed by an intending candidate was mentioned but it was nowhere mentioned in the advertisement that persons holding such and such equivalent qualification are also entitled to apply.
18. It is fairly well settled that once an employer prescribes a set of qualifications for selection and appointment to a particular post in the advertisement notice, the question of permitting any candidate, who
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:: 12 :: T.A No. 62/1117/2021 admittedly does not possess the essential qualification, to apply, does not arise. Another aspect is that in case the condition is relaxed in
favour of the applicants, it would lead to an anomaly namely the
relaxation cannot be in respect of the applicants alone. If at all, it is to be granted, it should be also in favour of those who, though similarly
situated as the applicants herein, did not apply, being convinced that
they are not qualified. The relief, if granted on the lines prayed for by the applicants, must be extended to those other persons also and if the relief as prayed for is granted, the entire exercise has to be redone. That would lead to disastrous consequences, in flagrant violation of a
statutory requirement.
19. We refer to the observations of the Hon'ble Apex Court in Yogesh
Kumar Vs. Government of NTC, Delhi, (2003) 3 SCC 548, which also run counter to the case projected by the applicants. It was held that:-
"8. This last argument advanced also does not impress us at all. Recruitment to Public Services should be held strictly in accordance with the terms of advertisement and the recruitment rules, if any. Deviation from the Rules allows entry to ineligible persons and deprives many others who could have competed for the post. Merely because in the past some deviation and departure was made in considering the B.Ed. candidates and we are told that was so done because of the paucity of TTC candidates, we cannot allow a patent illegality to continue."
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:: 13 :: T.A No. 62/1117/2021 20. We also refer to the case of Mohd. Sohrab Khan vs. Aligarh Muslim University &Ors. (2009) 4 SCC 555 wherein it was held as hereunder:
"24. According to us, the Selection Committee as also the
University 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 advertisement itself, so that there is no confusion and all persons 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 making application for filling up the said post.
25.We are not disputing the fact that 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. Merajuddin Ahmad did not possess 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 in Chemistry, for Pure Chemistry and Industrial Chemistry are two different subjects.
26. The advertisement which was issued for filling up the post of Lecturer in Chemistry could not have been filled up by a person belonging to the subject of Industrial Chemistry when the same having been specifically not mentioned in the advertisement that a Master's degree-holder in the said subject would also be suitable for being considered. There could have been intending candidates who would have applied for becoming candidate as against the said advertised post, had they known and were informed through advertisement that Industrial Chemistry is also one of the qualifications for filling up the said post.
27. The Selection Committee during the stage of selection, which is midway could not have changed the essential qualification laid
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:: 14 :: T.A No. 62/1117/2021 down in the advertisement and at that stage held that a Master's degree-holder in Industrial Chemistry would be better suited for
manning the said post without there being any specific
advertisement in that regard. The very fact that the University is now manning the said post by having a person from the discipline
of Pure Chemistry also leads to the conclusion that the said post at that stage when it was advertised was meant to be filled up by a
person belonging to Pure Chemistry stream. If the above decision
is kept in perspective it is clear that while examining the
correctness of the action of the employer what would be
sacrosanct will be the qualification criteria published in the
Notification, since if any change made to the qualification criteria midstream is accepted by the Court so as to benefit only the
petitioners before it, without making it open to all the qualified persons, it would amount to causing injustice to the others who
possess such qualification but had not applied being honest to
themselves as knowingly they did not possess the qualification
sought for in the Notification though they otherwise held another
degree. Therefore, if there is any change in qualification / criteria after the notification is issued but before the completion of the
selection process and the employer / recruiting agency seeks to
adopt the change it will be incumbent on the employer to issue a
corrigendum incorporating the changes to the notification and
invite applications from those qualified as per the changed criteria and consider the same along with the applications received in
response to the initial notification. The same principle will hold good when a consideration is made by the Court."
21. Reference may be made to the case of Aarya K. Babu (supra) wherein it was held by the Hon'ble Apex Court that:
"8. Though extensive arguments were advanced the issue lies in a very narrow compass. The short question for consideration is as to whether the courts would be justified in undertaking the exercise of providing equivalence to another qualification so as to declare it to be equivalent to the qualification prescribed in the recruitment Notification by taking note of the extraneous factors though such
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:: 15 :: T.A No. 62/1117/2021 equivalence of qualification is not declared by the employer who makes the recruitment. The second aspect would be as to whether
any particular educational qualification made eligible subsequent
to issue of recruitment Notification can be considered
retrospectively in respect of the recruitment process which has
commenced prior to such an additional educational qualification
being treated as eligible and the process of recruitment in respect of such notification is already concluded. In that background an
examination of these aspects is necessary in the instant case."
"11. The issue however is, when the said qualification was not
depicted in the relevant recruitment Notification which is the subject matter and in that circumstance if recruitment has been wrongly made of the persons who did not possess the qualification which was notified but had still applied and the appointment made on that basis is sustained, would it not be to the disadvantage of other persons who had possessed the same qualification of B.Sc. (Forestry) degree but had not applied since the Notification did not depict the said qualification but had indicated some other qualification. In that regard, at the outset it is necessary to take note that the decision of the High Court of Judicature at Bombay, Nagpur Bench in the case of Kishor Deoramji Gahane (supra) relied upon by the appellants herein before the High Court in fact had addressed this issue wherein it was held that the corrigendum issued subsequent to the advertisement would not be beneficial, since the petitioner therein did not possess the qualification notified in recruitment Notification."
"13. Though we have taken note of the said contention we are unable to accept the same. We are of such opinion in view of the well-established position that it is not for the Court to read into or assume and thereby include certain qualifications which have not been included in the Notification by the employer. Further the rules as referred to by the learned counsel for the respondents is pointed out to be a rule for promotion of officers. That apart, even if the qualification prescribed in the advertisement was contrary to the qualification provided under the recruitment rules, it would have been open for the candidate concerned to challenge the Notification alleging denial of opportunity. On the other hand,
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:: 16 :: T.A No. 62/1117/2021 having taken note of the specific qualification prescribed in the Notification it would not be open for a candidate to assume that
the qualification possessed by such candidate is equivalent and
thereby seek consideration for appointment nor will it even be
open for the employer to change the requirements midstream
during the ongoing selection process or accept any qualification
other than the one notified since it would amount to denial of
opportunity to those who possess the qualification but had not
applied as it was not notified."
"15. If in that background the instant facts are taken note, it would disclose that the Notification depicting the qualification required as Degree in B.Sc. (Agro-Forestry) was issued on 17.11.2014 and the process of selection had come to an end when the private respondents herein were issued the appointment letters dated 17.09.2015 and 29.05.2015 respectively. Admittedly as on such date the Notification required the candidates possessing B.Sc. (Agro-Forestry) but the private respondents were graduates in B.Sc. (Forestry) and as such were not qualified to respond. The change was made subsequent thereto by the general corrigendum dated 16.01.2016 by including the qualification of B.Sc. (Forestry), which would be effective from that day by providing opportunity to all those holding that qualification. Therefore, in such cases the change of qualification whereby the qualification of the private respondents gets included subsequently cannot ensure to their benefit alone when several others who could have applied were prevented from doing so."
"17. In that backdrop, though in the instant facts presently the qualification possessed by the private respondents is decided to be included for the purpose of recruitment to the post of Agricultural Field Officer, as on the date of the recruitment Notification the same was not included therein, which cannot be substituted by the Court with retrospective effect for the reasons stated above…"
22. Looking to the facts and circumstances of the case, the action of the respondent Public Service Commission in not accepting the candidature
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:: 17 :: T.A No. 62/1117/2021 of the applicants on the ground that they do not possess the requisite qualification of Master's Degree level in Geology, prescribed, as per, the recruitment rules/indent and which finds mention in the
advertisement notice cannot be faulted with. In any case, the law settled by the Hon'ble Apex Court as discussed above settles the legal position that it is not for the Tribunal to go into the question of equivalence of degree etc (Read with advantage judgment dated 24.11.2021 of
Hon'ble Apex Court in Civil Appeal No. 7031 Of 2021 titled Devender
Bhaskar v/s State of Haryana. Source : www.sci.gov.in)
23. We do not find any merit in the TA. The same is accordingly
dismissed. There shall be no order as to costs.
(ANAND MATHUR) (RAKESH SAGAR JAIN)
MEMBER (A) MEMBER (J)
Arun/-
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