Facts
The applicant applied for the post of Data Processing Assistant Grade-A pursuant to Advertisement No. Phase-IX/2021.
Source reference: no citationAfter qualifying in the written examination, he was shortlisted for document verification.
Source reference: no citationHis candidature was subsequently rejected by order dated 11.12.2023 on the ground that he possessed a degree of B.Sc. (Physical Science), which did not correspond to the prescribed qualification.
Source reference: pp. 1–2The applicant contended that he had studied Physics, Computer Science and Mathematics as main subjects throughout his graduation and relied on a certificate issued by his college.
Source reference: pp. 2–3He also relied upon the Tribunal’s earlier decision in O.A. No. 2421/2018 and batch.
Source reference: pp. 2–3The respondents submitted that the applicant did not possess the specific degree prescribed under the Recruitment Rules, that the User Department had scrutinised his qualification, and that the Staff Selection Commission could neither relax nor alter the prescribed eligibility requirements.
Source reference: pp. 4–5Issues
Whether a candidate holding a B.Sc. (Physical Science) degree, with Computer Science studied as one of the main subjects, possesses the essential qualification of a Bachelor’s Degree in Computer Applications, Information Technology, or Computer Science for appointment as Data Processing Assistant Grade-A.
Source reference: p. 6; para 6.1Whether the rejection of the applicant’s candidature on the ground that his degree did not satisfy the prescribed qualification was illegal or arbitrary.
Source reference: pp. 6–9; paras 6.3–6.9Whether the college certificate recording the subjects studied by the applicant, or the existence of unfilled vacancies, could justify treating his degree as equivalent to the prescribed qualification.
Source reference: pp. 7–9; paras 6.5–6.8Law Applied
The essential qualification under the applicable Recruitment Rules was a Bachelor’s Degree in Computer Applications, Information Technology, or Computer Science from a recognised University or Institute.
Source reference: p. 6; para 6.1Eligibility must be determined by the qualification expressly prescribed in the Recruitment Rules and not merely by the subjects studied during another degree course.
Source reference: pp. 6–8; paras 6.4–6.5The User Department, having framed the Recruitment Rules in view of the nature and requirements of the post, was entitled to assess whether the applicant possessed the prescribed qualification; the Staff Selection Commission, as the recruiting agency, could not independently relax, modify, or enlarge that qualification.
Source reference: p. 8; para 6.6The Tribunal distinguished its decision in O.A. No. 2421/2018 and batch because that case involved a specific departmental clarification regarding equivalence, which was absent here.
Source reference: pp. 8–9; para 6.8Reasoning
The Tribunal held that the applicant admittedly possessed a B.Sc. (Physical Science) degree and did not dispute its nomenclature.
Source reference: p. 7; para 6.3Although Computer Science was studied as one of the main subjects, that fact did not convert the degree into a Bachelor’s Degree in Computer Science or any of the other degrees expressly contemplated by the Recruitment Rules.
Source reference: pp. 7–8; paras 6.4–6.5The college certificate merely identified the subjects studied and did not certify that the degree was equivalent to a Bachelor’s Degree in Computer Science.
Source reference: p. 8; para 6.5Nor did the applicant place on record any competent determination recognising such equivalence.
Source reference: pp. 8–9; para 6.8The Tribunal further found that the availability of vacancies could not dispense with the mandatory educational qualification.
Source reference: p. 8; para 6.7Since the User Department had rejected the candidature after scrutinising the applicant’s documents and no illegality or arbitrariness was established, the rejection was found to be consistent with the Recruitment Rules.
Source reference: p. 9; para 6.9Holding
The Tribunal answered the issues against the applicant and held that a B.Sc. (Physical Science) degree, even with Computer Science studied as a main subject, did not satisfy the specifically prescribed qualification of a Bachelor’s Degree in Computer Applications, Information Technology, or Computer Science.
The rejection of the applicant’s candidature was neither illegal nor arbitrary.
Source reference: p. 9; para 6.9The Original Application was accordingly dismissed, all pending M.A.s were disposed of, and no order as to costs was made.
Source reference: p. 10; paras 7.1–7.2Original Court PDF
Lalit SinghvsDEPARTMENT OF PERSONNEL AND TRAINING
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