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2025 Supreme(Bom) 265
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE, JJ.
Vishal Kumar - Appellant
Versus
Union Bank of India - Respondent
Writ Petition (L) No. 3785 of 2024
Decided On : 06-03-2025
Advocate Appeared:
Ms. Priya Rombade, Advocate for the Petitioner.
Mr. Ashok D. Shetty a/w Ms. Rita K. Joshi, Mr. Rahul P. Shetty,
Advocate for Respondent Nos.1, 2 & 4/Bank.
The UGC determines the equivalence of degrees, and the absence of 'full-time' in the job advertisement indicates the Bank's intention not to restrict eligibility to full-time MBA holders.
Headnote:
(A) Recruitment Policy - Educational Qualifications - The Petitioner, an Airman, was denied appointment as Marketing Officer due to his MBA obtained via Distance Education from a recognized university. The court examined the qualifications required and the implications of the Bank's recruitment policy. (Paras 2, 3, 4, 12, 19)
(B) Right to Appointment - The court held that selection does not guarantee appointment, but cancellation of the appointment order without notice or hearing is a significant issue. (Paras 8, 19)
(C) Equivalence of Degrees - The court ruled that the UGC has the authority to determine the equivalence of degrees, and recognized the Distance Education MBA as equivalent to a full-time MBA. (Paras 10, 11)
Facts of the case:
The Petitioner applied for the post of Marketing Officer, was selected, and received an appointment order, but was later informed of disqualification due to his Distance Education MBA. (Paras 4, 19)
Findings of Court:
The cancellation of the appointment letter was quashed, and the Petitioner was directed to be reinstated. (Paras 19)
Issues: Whether the Bank required a full-time MBA and if the Distance Education degree is equivalent. (Paras 9, 10)
Ratio Decidendi: The court emphasized the importance of the UGC's role in determining degree equivalence and noted the absence of 'full-time' in the 2017 advertisement, indicating the Bank's intention. (Paras 10, 12)
Result: Writ Petition allowed; cancellation letter quashed.
JUDGMENT :-
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forth with and heard finally by the consent of the parties.
2. The issue raised in this Petition is as regards the Educational Qualifications of the Petitioner, as on 02.12.2016, in relation to the post of Marketing Officer (Scale-I). The educational qualification required for the said post is prescribed in the advertisement, as under :-
“Graduate and full-time MMS (Marketing)/MBA (Marketing)/full-time two years PGDBA/PGDBM/PGPM/PGDM with specialization in marketing.”
3. The basis of the rejection of the Petitioner’s selection, as well as, the cancellation of his appointment letter dated 27th April, 2017, by the impugned cancellation letter dated 12th December, 2017, is solely on the ground that the Petitioner’s MBA Degree has been acquired through Distance Education from Sikkim Manipal University, Gangtok.
4. The facts of the Petitioner’s case can be summarized as under :-
(a) The Petitioner was an Airman in the Indian Air Force, since 2006.
(b) He pursued his MBA Degree education from Sikkim Manipal University, Gangtok via Distance Education mode (2010-2012).
(c) He received the MBA Degree Certificate from the University on 14th March, 2013.
(d) The said Distance Degree Course was of two years.
(e) Sikkim Manipal University, Gangtok, is recognized by the UGC.
(f) The Distance Education MBA Degree Course of two years with the said University, was approved by the UGC vide Letter No.DEC/Recog/2009, dated 15.10.2009. This approval was continued by the UGC vide Memo No.UGC/DEBII/SMU/Recog./2015 Vol.V, dated 21st March, 2016 and Letter No. UGC vide Memo No.UGC/DEBII/SMU/Recog./2015 Vol.5, dated 19th May, 2016, issued by Joint Secretary, UGC, New Delhi.
(g) In 2016, the Petitioner applied for a Civil Post of Specialized Officer 2017-2018, through IBPS Notification (IBPS–CRP SPL-VI). His candidature was for the post of Marketing Officer (Scale-I).
(h) The requisite qualification required for selection was graduate and full-time MMS (Marketing) or MBA (Marketing) or full-time two years PGDBA/PGDBM/ PGPM/PGDM with specialization in marketing.
(i) After perusing the qualifications, the Petitioner raised a specific query on 28th November, 2016, through the query portal of IBPS, in order to verify the status of the MBA Degree acquired through Distance Education from a recognized University. IBPS did not offer any clarification.
(j) A written examination was held on 29th January, 2017 by IBPS at Jamshedpur, State of Jharkhand.
(k) The Petitioner was shortlisted and the interview was held on 9th March, 2017 at Patna, Bihar.
(l) The Wing Commander Air Force Record Office, New Delhi issued ‘No Objection Certificate’ dated 1st March, 2017 for granting permission to appear for the interview.
(m) On 9th March, 2017, all the documents were verified by IBPS.
(n) The result sheet published by IBPS, post interviews, indicates that the Petitioner secured 68.40% and was provisionally allotted a vacancy from the unreserved category, in the Respondent No.1 Union Bank of India.
(o) The Petitioner was issued with an appointment order by Respondent No.2, dated 27th April, 2017.
(p) The Petitioner sought discharge from the Indian Air Force in view of the requirement of Respondent No.1 and he was discharged after completion of the formalities vide Discharge Certificate dated 20th June, 2017.
(q) In early May, 2017, the Petitioner approached FGMO, Pune for joining duties as a Marketing Officer. He was informed by the DGN, Union Bank of India, that he is not eligible due to the Distance Education MBA Degree.
(r) Since the Petitioner had approached the Hon’ble Minister of State for Finance and the Hon’ble Prime Minister’s Office, his representations were forwarded to the concerned office.
(s) The Petitioner kept on writing letters to various Authorities. He was finally informed by the Respondent/Bank on 12th December, 2017 and 6th April, 2018, that his candidature has been rejected.
5. The Bank has vehemently opposed this
