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2024 Supreme(Chh) 544
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GOUTAM BHADURI, J.
Seema Watti W/o Shri Prakash Chandra Watti – Petitioner
Versus
State of Chhattisgarh – Respondent
WP (S) No. 3567 of 2016
Decided On : 25-09-2024
Advocate Appeared:
For the Petitioner: Manish Nigam.
For the Respondents: Abhishek Singh, Sudeep Agrawal.
IMPORTANT POINT
The court determined that the amended Ordinance allows candidates with 65% marks to be classified as First Division, enabling the petitioner to join the post despite prior classification as Second Division.
Headnote:
(A) Chhattisgarh Technical Education (Teaching Cadre-Polytechnic) (Gazetted) Services Recruitment Rules, 2014 – Qualification criteria for Lecturer in Costume Design and Dress Making – Ordinance of Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal – Amendment allowing candidates with 65% marks to be considered in First Division – Petitioner, holding 65.27% marks, was denied joining due to Second Division classification in mark sheet – Court held that the Ordinance applies retroactively, allowing the petitioner to join the post. (Paras 1-17)
(B) Educational qualifications – Equivalence of qualifications determined by appointing authority – Merit should not solely depend on Division classification. (Paras 10-12)
(c) Interim orders – Previous interim order to keep one post vacant upheld. (Paras 3, 16)
Facts of the case:
The petitioner applied for a Lecturer position but was denied joining due to classification as Second Division despite holding 65.27% marks, which were later recognized as First Division under a new Ordinance.
Findings of Court:
The petitioner is entitled to join the post as the Ordinance allows for the recognition of her marks as First Division. Issues: Whether the petitioner qualifies for the post based on the amended Ordinance and the implications of Division classification.
Ratio Decidendi: The court ruled that the Ordinance's provisions apply retroactively, allowing the petitioner to be classified as First Division despite the mark sheet indicating otherwise.
Result: Petition allowed.
ORDER :
1........
(a) Case of the petitioner is that pursuant to the advertisement dated 23/12/2015 she applied for the post of Lecturer in Costume Design and Dress Making in the Department of Technical Education. The petitioner was holding the degree of Graduate and her percentage of marks was 65.27%, as is evident from Annexure P/1. In the said recruitment process, the petitioner got selected, which was also cleared by the experts of the P.S.C. Thereafter, the letter of appointment was issued in favour of the petitioner along with other selected candidates on 14/06/2016 (Annexure P/8). When she went to join the place of posting she was not allowed by the respondent No. 3 on the ground that the petitioner do not hold the First Division, as in the mark sheet (Annexure P/1) the result has been shown as second division, whereas for the subject post, the First Division is required.
(b) According to the petitioner after passing out the Diploma the Ordinance of the University whereby the First and Second Division underwent a change vide Annexure P/10 known as Ordinance ‘Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal’ wherein the Rules for award of Division and Diploma was changed.
(c) Further submission of the petitioner is that as per Clause 9.2 (b) of the Ordinance, the criteria of grading of marks was changed and a candidate securing 65% marks or more in aggregate but less than 75% would be placed in First Division. Thereby the Division was upgraded irrespective of the percentage on merit. Next submission of the petitioner is that while she underwent the interview it was not objected by the P.S.C. the expert body. Schedule III of the Chhattisgarh Technical Education (Teaching Cadre-Polytechnic) (Gazetted) Services Recruitment Rules, 2014 (henceforth ‘the Rules, 2014’) provides the educational qualification and experience for the post of Costume Designing and Dress Making at S. No. 8.
2. According to the Rules, 2014, it is manifest that the prescribed educational qualification for selection in Costume Designing and Dress Making is First Class Diploma in Costume Design and Dress Making of not less than two years duration along with First Class Bachelor’s Degree in any subject from any recognized University/Institute. There is no dispute about the fact that the petitioner obtained the Diploma from a recognized Institute as per Annexure P/1.
3. Contention of the learned counsel appearing for the petitioner is that the educational qualification has not been defined in Schedule III of the Rules, 2014, therefore, the Ordinance which was amended by the University only on obtaining certain marks, the Division would apply and would cover the field and expert’s opinion would prevail upon the decision of the Principal. He would submit that this Court by order dated 10/08/2016 passed an interim order and directed to keep one post vacant and shall not be filled up by any other candidate.
4. Learned counsel appearing for the State as well as the P.S.C. per contra, would submit that the petitioner herself sought for upgradation i.e. for correction whereby it would lead to show that she was in know of the fact that she was not entitled for the post, as the First Division is required whereas from the mark-sheet Annexure P/1 it is reflected that the petitioner obtained the Second Division and, as such, the Principal has rightly not allowed the petitioner to join the post. Thus, the petitioner is not entitled for any relief.
5. I have heard learned counsel appearing for the parties and perused the documents.
6. It would be apt to quote the qualification, which was prescribed in the advertisement, for ready reference:
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