DIPIN ARORA Vs. SHIVAJI COLLEGE AND ORS.

JUDGEMENT

(1.) THE Respondent No. 1 College, affiliated to the Respondent No. 3 University of Delhi, on 13th May, 2008 published an advertisement inviting applications, inter alia, for the post of Administrative Officer of the College. The advertisement required reference to the website of the College for detailed information about qualification / eligibility criteria for the post. It is not in dispute that the qualification / eligibility criteria for the post of Administrative Officer was "Good academic record plus master's Degree with at least 55% of the marks or its equivalent Grade B in the UGC Seven point scale."

(2.) THE Petitioner in his application for the said post disclosed his qualification as Graduation from Delhi University and Post Graduate Diploma in Business Administration (PGDBA) from Symbiosis Centre for Distance Learning with specialization in Marketing with 57% marks. The Petitioner was issued the Admit Card for the written test to be held for the said post and was subsequently called for interview by the Selection Committee constituted for the said purpose and selected for and offered the said post on 29th December, 2008 and which was accepted by the Petitioner and the Petitioner joined the employment of the Respondent No. 1 College as Administrative Officer on 30th December, 2008. The appointment of the Petitioner was "subject to the approval of the Governing Body of the College and the Respondent No. 3 University of Delhi". Upon approval of the University being sought, the University vide its letter dated 16/19th June, 2009 impugned in this petition found the appointment of the Petitioner to be "not in order" as he did not possess the Master's Degree with 55% marks. The University accordingly asked the College to dispense with the services of the Petitioner after issuing suitable show cause notice to the Petitioner.

(3.) THE University in its counter affidavit has stated that the Respondent No. 1 College is a constituent of the University and substantially funded to the extent of 95% by the University Grants Commission; therefore the minimum qualifications as prescribed by the UGC are mandatory on the College; that the minimum qualification aforesaid prescribed for the post of Administrative Officer is based on the directions contained in the Policy Guidelines issued under letter dated 2nd November, 1988 of the Government of India, Ministry of Human Resource Development, and such minimum qualifications have also been included in the Recruitment Rules (Non Teaching Employees), 2008 framed by the Respondent University; that PGDBA qualification of the Petitioner is not equivalent to a Master's Degree and the Petitioner is thus not qualified for the post and the appointment of the Petitioner cannot be approved.