01Facts
The appellant applied for the post of Sanitary Inspector, for which the advertisement required a B.Sc. and a one-year Diploma in Hygiene and Sanitation from the State Health Institute, or an equivalent one-year diploma from an institute recognised by the State Government.
¶ 3He held a one-year diploma from Techno Global University, Meghalaya, but the selecting body did not consider it recognised as equivalent to the specified diploma and rejected his candidature.
¶ 3The Single Judge dismissed his challenge; the appellant appealed.
¶ 2The appellate court also recorded that respondent no. 4 had been appointed to the post on 9 March 2023.
¶ 502Issues
i.Whether the appellant’s one-year diploma from Techno Global University satisfied the advertisement’s qualification requirement for the post of Sanitary Inspector.
¶ 3ii.Whether the appellant was entitled to relief against the rejection of his candidature, including liberty to seek a determination by an Equivalence Committee in the future.
¶ 4–503Law Applied
The relevant qualification was the requirement in the recruitment advertisement: a B.Sc. with a one-year Diploma in Hygiene and Sanitation from the State Health Institute, or an equivalent one-year diploma from an institute recognised by the State Government.
¶ 3The court affirmed that an institution’s own assessment that its diploma subjects are equivalent does not itself establish the diploma’s equivalence for recruitment; the equivalence must be recognised by a body legally competent to determine it.
¶ 2, quoting Single Judge · ¶ 9The University Grants Commission communication relied on by the appellant concerned permission for the institution’s establishment and infrastructure, not recognition or equivalence of the appellant’s diploma.
¶ 2, quoting Single Judge · ¶ 10–11No statute or judicial precedent was cited in the appellate judgment.
04Reasoning
The appellant’s diploma was not recognised as equivalent to the diploma specified in the advertisement, so he did not meet the stated qualification condition.
¶ 3The court found no basis to disturb the Single Judge’s conclusion; the University Grants Commission communication did not establish the diploma’s required recognition or equivalence.
¶ 2, 4The court nevertheless preserved the appellant’s ability to raise the equivalence issue before an Equivalence Committee if the question of his eligibility arose again.
¶ 405Holding
The appeal was dismissed, and the rejection of the appellant’s candidature was not disturbed.
¶ 4The court directed that, if the same eligibility issue arose in the future, the appellant could seek referral of the matter to an Equivalence Committee.
¶ 4Original Court PDF
NEERAJ BHATTvsSTATE OF UTTARAKHAND
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
