CAT - Kolkata

Candidature can't be rejected if qualification criteria not specified as major/honours.

Nibir Mannaf v. The Union of India, O.A. 350/00036/2023

CAT - KolkataJUDGMENT: no citation3 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Staff Selection Commission (SSC) advertised for the post of Junior Grade Indian Information Service Group 'B' (Non-Gazetted) in the Ministry of Information and Broadcasting (Post Code KK11421) on December 30, 2022

Source reference: p.2

The applicant, Nibir Mannaf, applied for this position and appeared for the computer-based test on February 9, 2022, securing qualification

Source reference: p.3

He was directed to submit educational documents, which he did on July 19, 2022

Source reference: p.3

The SSC (Karnataka Kerala Region) subsequently informed the applicant via email on January 3, 2023, that he was ineligible because he had not studied Journalism and Mass Communication as a "Major subject in graduation," despite having a B.A. (Hons.) in English with Journalism and Mass Communication as a General Subject from the University of Calcutta

Source reference: p.3, p.6

The applicant contended that the advertisement did not specify that Journalism and Mass Communication needed to be a major or honours subject

Source reference: p.4
02

Issues

1. Whether the rejection of the applicant's candidature by the Staff Selection Commission (Karnataka Kerala Region) on the ground that he had not studied Journalism and Mass Communication as a major subject in graduation is legally sustainable, given the wording of the subject advertisement's essential qualification

Source reference: p.6, p.7
03

Law Applied

The Tribunal primarily applied the essential qualification criteria stipulated in the advertisement by the Staff Selection Commission for the post of Junior Grade of Indian Information Service, Group B

Source reference: p.5

This included the qualification: "(a) Degree of a recognized University or Institute along with Diploma/Post Graduate Diploma in Journalism/Mass Communication from a recognized University/Institute OR (b) Degree in Journalism and Mass Communication from a recognized University/Institute"

Source reference: p.5

The Tribunal noted that the essential qualification did not explicitly state that Journalism and Mass Communication must be studied as a Major or Honours subject

Source reference: p.6, p.7
04

Reasoning

The court found that the essential qualification outlined in the advertisement by the SSC for the Junior Grade of Indian Information Service, Group B, merely required a "Degree in Journalism and Mass Communication from a recognized University/Institute" or a "Degree of a recognized University or Institute along with Diploma/Post Graduate Diploma in Journalism/Mass Communication"

Source reference: p.5

It critically observed that the advertisement did not specify that Journalism and Mass Communication had to be studied as a "Major subject in graduation"

Source reference: p.6

The applicant possessed a B.A. (Hons.) in English, with Journalism and Mass Communication as a General Subject, from the University of Calcutta

Source reference: p.6

The court reasoned that since the applicant had studied Journalism and Mass Communication as a general subject within his graduate degree program, he satisfied the essential qualification as stipulated in the vacancy circular of the SSC

Source reference: p.6-p.7

Therefore, the court concluded that introducing a requirement for a major or honours subject after the completion of the selection process was not legally sustainable

Source reference: p.7
05

Holding

The Tribunal concluded that the impugned communication dated January 3, 2023, issued by the Regional Director, SSC, Karnataka Kerala Region, was not legally sustainable

The O.A. was disposed of, and the impugned communication was quashed and set aside

Source reference: p.7

The matter was remitted back to the Regional Director, Staff Selection Commission, Karnataka, Kerala Region (Respondent No. 2), with a direction to reconsider the applicant's candidature for the post of Junior Grade of Indian Information Service, Group B, in the Ministry of Information, keeping in view the observations made in the order

Source reference: p.7

Respondent No. 2 was directed to pass a reasoned and speaking order within six weeks from the date of receipt of the certified copy of the order

Source reference: p.7
CAT - Kolkata

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Nibir Mannaf v. The Union of India, O.A. 350/00036/2023

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