RESHAMLAL PRADHAN Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Distinguished issue that has cropped up for consideration is whether this Court in its jurisdiction under Article 226 of the Constitution of India can draw equivalence of two educational qualifications and declare equivalence, that too after initiation of recruitment process.

(2.) The Chhattisgarh Public Service Commission (for short 'the PSC') issued an advertisement on 15 -7 -2015 inviting applications from eligible candidates for recruitment on the post of Assistant Professor in different branches viz., Civil, Electrical, Electronics & Telecommunication, Information Technology, Mechanical and Mining, in Engineering Colleges, laying down the requisite educational qualification for the said posts to be Graduate in relevant branch and Post Graduate degree i.e. M.E./M.Tech. in first class. The petitioner claiming to be eligible candidate as having Graduate degree in Information Technology and having M.Tech. in Computer Science made an attempt to submit application on -line in which he remained unsuccessful, as he does not have the post -graduate degree in Information Technology. Thereafter, the petitioner made representation to respondent No. 2 highlighting his difficulty and claimed candidature but in that also he remained unsuccessful. Thereafter, he filed writ petition under Article 226 of the Constitution of India questioning the action of respondent No. 2 holding him disqualified for the post of Assistant Professor (Information Technology) stating inter alia that the post -graduate degree of Computer Science is equivalent to the post -graduate degree of Information Technology which is apparent from the syllabus prescribed in the advertisement and the PSC has also permitted one candidate Bheem Prasad Ram who is similarly situated having same qualification as the petitioner is and also brought to the notice of the Court that University of Mumbai by its notification dated 10 -2 -2012 held the degree of Computer Science to be equivalent to that of Information Technology and, therefore, the petitioner is duly eligible to be considered for the post of Assistant Professor (Information Technology) as such, the action of the respondents in not permitting him to appear in the examination be held to be void and inoperative and an appropriate writ be issued commanding the respondents to allow him to appear in the examination as eligible candidate for the post of Assistant Professor (Information Technology), and consequential writ/direction be issued.

(3.) Return has been filed by the respondent State of Chhattisgarh stating inter alia that in exercise of powers conferred under sub -section (1) of Sec. 23 read with Ss. 10 (i) & (v) of the All India Council for Technical Education Act, 1987, Regulations known as "the All India Council for Technical Education [Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Degree)] Regulations, 2010" (for short 'the AICTE Regulations') has been framed which lays down the qualification for the post of Assistant Professor (Information Technology) to be B.E./B.Tech. and M.E./M.Tech. in relevant branch with first class or equivalent either in B.E./B.Tech or M.E./M.Tech.. It has further been pleaded that the State Government in exercise of power conferred under the proviso to Article 309 of the Constitution of India framed rules namely "the Chhattisgarh Technical Education (Teaching cadre -Engineering College) (Gazetted) Services Recruitment Rules, 2014" (for short 'the Rules of 2014') in which as per Schedule -I enacted under Rule 5, qualification for the post of Assistant Professor (Information Technology) has been prescribed to be the same and it has further been pleaded that on enquiry being made by respondent No. 1, the Chairman of All India Council for Technical Education (AICTE) on 21 -8 -2015 has clearly informed that the degree in the discipline in which the candidate is applying for a faculty position is required, as such, the petitioner does not have the post -graduate degree in Information Technology, as he is only having post -graduate degree in Computer Science and, therefore, he was not eligible to be considered against the post of Assistant Professor (Information Technology) and his candidature has rightly been declined for the said post, therefore, the writ petition deserves to be dismissed.