Administrative Inconsistency in Evaluating Equivalent Academic Qualifications for Regularization Violates Articles 14 and 16.

The petitioner, an Agriculture Graduate (B.Sc. Agriculture, 2000), also obtained an M.Sc. in Microbiology in 2002.

He was engaged as a Rehbar-e-Zirat (unemployed Agriculture Graduate scheme) in 2007.

Under the 2011 regularization policy, candidates were to be regularized in three phases based on merit points: 75 for B.Sc. Agriculture and 15 for Post-Graduation.

The petitioner was regularized in Phase-III (w.e.f. 01.04.2016) because the respondents denied him 15 points for his M.Sc. Microbiology, claiming it was not related to "Agriculture" as per ICAR norms.

The petitioner challenged this, asserting that his course syllabus (e.g., Soil Microflora, Agricultural Microbiology) was directly related to agriculture and that batchmates from the same university with M.Sc. Microbiology/Agricultural Microbiology in the Kashmir Division were granted the 15-point weightage and regularized in Phase-II.

1. Whether the respondents were justified in refusing to grant Post-Graduation weightage for an M.Sc. Microbiology degree while granting the same to similarly situated candidates with substantially similar qualifications.

2. Whether the denial of regularization in Phase-II (w.e.f. 01.04.2015) based on the nomenclature of the degree violates the principles of equality and non-discrimination.

The Tribunal applied the constitutional mandates of Articles 14 and 16, which guarantee equality of opportunity in public employment and protection against arbitrary state action.

Administrative authorities must act consistently and fairly, ensuring that similarly situated persons are treated equally unless a rational distinction exists.

When benefits are attached to a qualification, authorities must examine the substance, course content, and nature of the studies rather than relying on a hyper-technical distinction in nomenclature.

The Tribunal found that the petitioner’s M.Sc. course included subjects like Agricultural Microbiology and Soil Microflora, which have a direct nexus with agriculture.

It noted that the respondents failed to provide evidence that the petitioner’s degree was fundamentally different from the degrees held by candidates Shabir-ur-Rehman and Mohd. Ishaq Shah, who received the weightage.

The Tribunal reasoned that since these candidates were batchmates from the same university and their qualifications were accepted in the Kashmir Division, the respondents' denial in the Jammu Division was arbitrary.

The court held that the respondents cannot adopt different standards for the same qualification within the same department.

It further observed that the petitioner was promoted a year later, which implicitly acknowledged the relevance of his qualification, yet the delay in regularization caused him civil consequences regarding seniority and pay.

The respondents were directed to re-fix the petitioner's merit and consider him for regularization in Phase-II w.e.f. 01.04.2015. The Tribunal ordered the re-fixation of seniority and the grant of all consequential service benefits on a notional basis, including pay fixation and pensionary benefits, to be completed within three months.