ABHIJIT GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 16.05.2012 passed in OA No.69/2011 by the Central Administrative Tribunal, Principal Bench, New Delhi. The petitioner had approached the Tribunal seeking a direction to the respondent to consider the petitioner for the post of Deputy Drugs Controller (India) in the Central Drugs Standardization Control Organization under the Directorate General of Health Services, Ministry of Health and Family Welfare. The petitioner also sought a declaration that the degree of Master's in Biomedical Engineering be taken as equivalent to the degree of Master's in Pharmacy/Pharmacology and to direct the respondent to treat the said two degrees accordingly.

(2.) THESE prayers had arisen in the context of the petitioner not being considered for the post of Deputy Drugs Controller on the ground that he did not submit a certificate of equivalence with regard to his degree of Master's in Biomedical Engineering being equivalent to a Master's degree in Pharmacy/Pharmacology.

(3.) UPON going through the said essential features of the said advertisement it is clear that a person who responded to the said advertisement would be required to present the following educational qualifications:- Master's Degree in Chemistry/ Pharmaceutical Chemistry/ Bio-Chemistry/ Pharmacy/ Pharmacology of a recognized University "or equivalent". The learned counsel for the petitioner submitted that the petitioner had a Master's degree in Biomedical Engineering from Jadhavpur University which, admittedly, is a recognized University. According to the petitioner this Master's degree in Biomedical Engineering is equivalent to a Master's degree in Pharmacy/Pharmacology. Unfortunately for the petitioner the conditions stipulated in paragraph 7(iii) of the said advertisement had not been complied with by him. Paragraph 7(iii) of the said advertisement made it absolutely clear that if the qualification possessed by the candidate was equivalent, then the authority along with the number and date under which it has been so treated must be indicated. This had not been done by the petitioner inasmuch as he had not attached any certificate indicating as to how the Master's degree in Biomedical Engineering would be equivalent to a Master's degree in Pharmacy/Pharmacology.