GAGANDEEP Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal is directed against order dated 08.05.2018 passed by the learned Single Judge in SWP No. 30/2018, whereby writ petition filed by the writ petitioner-appellant has been dismissed being without any merit.

(2.) The writ petitioner-appellant by way of SWP No.30/2018 sought quashment of Order No. Rectt/AC (Works/Elect)/2017/8388 dated 05.12017, by which the candidature of the writ petitioner-appellant for the post of Assistant Commandant/AE (Electrical) has been rejected and also sought a direction to the respondents to consider the writ petitionerappellant for selection/appointment for the post of Assistant Commandant/AE (Electrical) and to allow him to participate in the selection process.

(3.) The facts, as emerged from the writ record, are that an Advertisement Notice dated 01.02017 was issued by the Government of India, Ministry of Home Affairs, Directorate General Border Security Force Recruitment Section, inviting applications, inter alia, for the post of Assistant Commandant (Electrical). The qualification prescribed was Degree in Electrical Engineering from a recognized University or Institution. Writ petitioner-appellant possesses a Degree in Electrical and Electronics. It was pursuant to interim direction dated 09.01.2018 passed by learned Writ Court that writ petitioner-appellant was permitted to sit in the interview. The official respondents in compliance to the said direction permitted writ petitioner-appellant to sit in the interview. Subsequently, the merit position of the writ petitioner-appellant was called for. It appears that the writ petitioner-appellant has made up the merit qua the other candidates in the said category. The issue that arises for consideration before the writ Court was as to whether in the absence of an equivalence clause, as regards qualification in the advertisement notice, it would be permissible for the Court to hold the possession of a degree other than the one prescribed by the advertisement notice as satisfying the eligibility criterion only on the basis of the same being equivalent to the prescribed qualification.