Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rational. We have not been able to appreciate as to why those candidates who possessed qualifications equivalent to SSC Examination could also not be considered. We are saying this on the facts of the case in hand and should not be understood as laying down a rule of universal application.

ORDER :

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“……pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in not conducting interview to the petitioners and not considering their cases for appointment to the post of Lecturer in Political Science in pursuance of Notification No 26/2018 dated 31.12.2018 issued by the 2nd Respondent on the ground that they do not possess undergraduate degree in the relevant subject is wholly illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently declare that the petitioners are entitled for consideration of their candidature for appointment to the post of Lecturer in Political Science without insisting undergraduate degree certificate in the relevant subject and pass such other order or orders …..”

2. The facts of the case in brief are that the 1st petitioner completed his post graduate and joined in Andhra University to pursue Ph.D (Full time). The 1st petitioner obtained Ph.D degree in Public Administration from Department of Political Science and Public Administration, Andhra University. The 2nd petitioner acquired Post graduation in M.A. Public Administration from Andhra University. She also completed M.A in Political Science from IGNOU in the year 2016. Presently she is pursuing Ph.D in Political Science in Andhra University.

The 2nd respondent issued a notification calling for applications from the interested candidates for the post of Lecturer in Degree colleges in A.P. Collegiate Education Service and in response to the notification, the petitioners submitted their applications for appointment to the post of Lecturer in Political Science. The 2nd respondent on 11.01.2019 issued Web Note informing that the candidates who possess higher qualification than the prescribed qualification shall also be considered for selection along with the candidates who possessed prescribed qualifications. In pursuance of the above Web Note, the petitioners applied for the post of Lecturer in Political Science and also for the post of Lecturer in Commerce. The 2nd petitioner applied for the post of Lecturer in Political Science. Both are qualified for interview for the post of Lecturer in Political Science and call letters were also issued calling these petitioners for interview on 12.02.2021 along with relevant certificates. Accordingly, both the petitioners attended to interview on 12.02.2021 and produced relevant certificates pertaining to the qualification in the office of the 2nd respondent. The 2nd respondent verified all the original certificates submitted by these petitioners and after verification of their certificates they orally informed the petitioners that they are not qualified to appear for interview as they did not possess under graduate degree in the relevant subject i.e., Political Science or in Public Administration and therefore they were not allowed to participate in the interview process.

The specific contention of the petitioners is that as per Rule 8 of A.P. Collegiate Education Service Rules issued in G.O.Ms.No.47, Higher Education (C.E.I.1) Department, dated 14.05.2007 for appointment to the post of Lecturer in Degree college by direct recruitment (i) one should have good academic record with a minimum 55% marks or an equivalent grade of B in the 7 point scale with letter grades O, A, B, C, D, E & F at Master’s Degree level, in the relevant subject obtained from the Universities recognized in India and (ii) should have passed National Eligibility Test (NET) for Lecturer conducted by UGC, CSIR, or similar tests accredited by the UGC or SLET conducted by APPSC.

It is also further contended that similar qualifications as prescribed by the above said rules as incorporated in the above said