Excelsior Correspondent
Srinagar, Dec 7: The Central Administrative Tribunal (CAT) has dismissed a batch of petitions whereby the candidates were seeking eligibility for having Masters Degree in Applied Geology for the posts of Assistant Professor Higher Education Department issued by the Public Service Commission in 2019.
These candidates were seeking quashing of the notification (dated 26.03.2019) under which they were declared deficient of requisite qualification by the PSC for the posts of Assistant Professor in Higher Education Department.
They were seeking direction that they be declared as having Masters Degree in Applied Geology for the eligibility to the post issued vide notification No. 10-PSC (DR-P) of 2017 dated 27.10.2017 and to allow them to appear for the oral test or viva voce in continuation and in compatibility of the notice dated 25.04.2019.
The CAT bench Comprising Rakesh Jain Sagar and Anand Mathur said, the action of the PSC in not accepting the candidature 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 and dismissed all these petitions by recording that there is no merit in these cases.
The case of these candidates before the tribunal was that they applied for the post having the qualification of B.Sc in Geology and Geography from University of Kashmir, Master’s Degree in ‘Applied Geology’ and Degree of Ph.D in Geology from Aligarh Muslim University. However, the PSC vide impugned order/ notice dated 26.03.2019 rejected the application of applicants on the ground that they don’t possess the requisite qualification as noted in the advertisement.
Senior Counsel Jehangir Iqbal Ganaie while opposing the reliefs as prayed by the aggrieved candidates submitted that 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 as also the M.Sc in applied Geology is not the same qualification as M.Sc in Geology.
The CAT bench said, 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, CAT added, prescribed in the advertisement are treated as essential, there is no way to ignore them and a candidate would acquire eligibility only on possessing a degree or qualification prescribed in the recruitment rules.
“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”, reads the judgment.
The CAT said that 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 qualification is required which is not possessed by them”, reads the judgment.
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