IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I. Arun, J.
Ambarish Kumar S - Appellant
Versus
State Of Karnataka - Respondent
Writ Petition No. 8645 of 2020
Decided On : 03-09-2020
Engineering Graduates - Interpretation of Qualification for Post of Assistant - [SCIENCE] - [Rule 11 of the Rules, Rajasthan High Court decision, Supreme Court decisions] - The court discussed the interpretation of the term 'Science' in the context of qualifications for the post of Assistant, emphasizing that the term should not be limited to include only a Bachelor Degree in pure science but should be understood to include technical and non-technical degrees in the subject of science. The court relied on Rule 11 of the Rules, a Rajasthan High Court decision, and Supreme Court decisions to support its interpretation.
Fact of the Case:
The petitioners, engineering graduates, applied for the post of Assistant, contending that their engineering degrees should be considered equivalent to a degree in Science. Respondent No.2 rejected their applications, stating that the post of Assistant required a non-technical degree in Science.
Finding of the Court:
The court allowed the writ petition, directing respondent No.2 to consider the Engineering Degree held by the petitioners as equivalent to a degree in Science and to consider them for the post of Assistant, if they are otherwise qualified.
Issues: Interpretation of the term 'Science' in the context of qualifications for the post of Assistant.
Ratio Decidendi: The term 'Science' should not be limited to include only a Bachelor Degree in pure science but should be understood to include technical and non-technical degrees in the subject of science.
Final Decision: The writ petition is allowed, and respondent No.2 is directed to consider the Engineering Degree held by the petitioners as equivalent to a degree in Science and consider them for the post of Assistant, if they are otherwise qualified.
JUDGMENT
M.I.Arun, J. - The case of the petitioners is that respondent No.2 called for applications by suitable candidates to various posts and one such category of post is that of Assistant. The qualification prescribed for a person to apply for the post of Assistant is "should possess a Degree in Arts / Commerce / Science of a recognized University. One year duration Course in Computer basics".
2. The petitioners are Engineering graduates in various branches. They all applied for the post of Assistant contending that being engineering graduates they should also be treated as graduates in the subject of science. Respondent No.2 has not considered the case of the petitioners for the post of Assistant on the ground that they being engineering graduates are technically qualified and the qualification prescribed for the post of Assistant is that of a degree in Science i.e., B.Sc or equivalent degree and it should be of a non-technical in nature.
3. It is the contention of the petitioners that the qualification prescribed by respondent No.2 by its notification dated 24.08.2018 produced as Annexure B to the writ petition does not distinguish between a degree in Science whether it is of technical or non-technical in nature. It merely states a degree in Science. Attention of the Court is drawn to the earlier notification of respondent No.2 dated 23.02.2015 where for the same post of Assistant qualification prescribed was "A pass in Bachelor Degree (Three years Non-Technical Course) from a recognized University. Computer knowledge is essential". As the present notification does not distinguish between technical and non-technical course, it is contended that what is intended in the present notification is a candidate with a science degree whether technical or non-technical is entitled to apply for the post of Assistant.
4. Reliance is placed on the decision of the Rajasthan High Court in DR. RAMESHCHANDRA VS. STATE OF RAJASTHAN AND OTHERS, (1977) WLN(Raj) 353 wherein at para 6 it has been observed as follows:
"6. A degree in Science, which is the requisite qualification prescribed in Rule 11 of the Rules cannot be restricted to a degree in basic sciences only unless the language employed by the framers of the rule expressly so provided. Ordinarily the words used in an enactment are the true repository of the legislative intent. According to the Webster's Third New International Dictionary "science" with reference to studies in Educational Institutions, means "any of the individual subjects taught at an educational institution in one of the departments of natural sciences" leaving aside the very broad meaning some times assigned to science as a system based on systematic study of a branch of knowledge, science is normally understood as a branch of study concerning the physical world and its phenomena. In Universities and other Educational institutions, science is normally used in contra-distinction with Humanities or Articles. Thus while Literature, Philosophy, Drawing, Painting, Geography, History, Sociology etc. pertain to the studies in Humanities or Arts, the studies in Agriculture, Engineering, Medicine, Veterinary Science Technology and allied matters are parts of the studies in Science. In these circumstances, in the absence of a specific prohibition, it would be difficult to restrict the words "Degree in Science 'to a degree in basic sciences alone, as a degree in Agriculture or Veterinary Science or Food Technology or Dairying or various branches of Engineering or for that matter in Medicine or Surgery are as much degrees in Science as a degree in Physics or Chemistry. A degree in Science should be understood as a degree in Natural Sciences, as distinguished from a degree in Arts or Commerce. Thus a degree in Science embraces within its fold a degree in any branch of study in Natural Sciences, including the Veterinary Science because "Science" as a matter of fact is a compendious expression for studies in various branches of nat
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