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2004 Supreme(Del) 1118

High Court Of Delhi
NARENDER KR.JOSHI - Appellant
Versus
U.O.I. - Respondent
W.P.(C.) 5713 of 2002
Decided On : 11/30/2004

Advocates Appeared:
M.M.Sudan, NISHKANT PANDEY, S.K.MITTAL, S.P.Arora, VIKAS SINGH

Headnote:Service – equivalent degrees – whether Bachelor Degree in Instrumentation and Control Engineering to be regarded as equivalent degree to degree in five disciplines mentioned in advertisement –advertisement issued by respondent provides for eligibility to equivalent degrees – in case respondents intended to exclude any degrees in certain disciplines it was for them to so specify – equivalence in course would have to be determined and ascertained based on contents of syllabus and opinion of experts – Bachelor Degree in Instrumentation and Control Engineering being regarded as equivalent to bachelor of engineering fortified by expert opinion.

Manmohan Sarin, J.

( 1 ) RULE. WITH the consent of the parties, writ petition is taken up for disposal.

( 2 ) PETITIONER is aggrieved by his non-appointment to the post of Telecom officer. Respondent No. 2 on 29. 11. 2000 had taken out an advertisement titled "recruitment of Graduate Engineer Telecom Officers-2001". Petitioner, who holds a Bachelor Degree in Instrumentation and Control engineering, from Delhi University, applied in response to the above advertisement. Petitioner appeared in the competitive examination held in march, 2001. He was called for an interview pursuant to his qualifying the said examination. Respondent No. 2 did not appoint the petitioner holding that Bachelor degree in Instrumentation and Control Engineering, possessed by the petitioner, did not meet the eligibility qualification.

( 3 ) FOR facility of reference, the eligibility conditions as given in the advertisement are reproduced as under:-

" (A) Educational: The applicant must possess Bachelor of Engineering/bachelor of Technology or equivalent degree from a recognised engineering College/university in any of the following disciplines, namely,: (i) Telecommunication Engineering or (ii) Electronics Engineering or (iii) Radio Engineering or (iv) Computer Engineering or (v) Electrical Engineering"

( 4 ) IT is not necessary to go into the other conditions of the advertisement as the same are not necessary for disposal of the writ petition. The main plank of petitioner s submission is that the Bachelor Degree in instrumentation and Control Engineering of the University of Delhi, is equivalent to degree in Bachelor of Technology/bachelor of Engineering in any of the five disciplines mentioned above at (i to v ). Counsel for petitioner submits that any candidate, who is possessed of a Bachelor Degree in instrumentation and Control Engineering or in any of five disciplines mentioned above, is entitled on the basis of said degree to admission to the post degree course of M. Tech (Electronics ). Mr. Vikas Singh submits that the Bachelor s Degree in Instrumentation and Control Engineering, is being regarded by various other Organisations and Armed Forces, as equivalent to a degree in Engineering telecommunication and other disciplines, as mentioned above. He has produced on record the advertisement issued by the Indian Air Force for appointment of Permanent Commissioned or Short Service Commissioned officers. He has also referred to the advertisement of respondent No. 2, who for the purposes of Telecom Technical Assistants had considered a three years Engineering Degree in Instrument Technology as equivalent to engineering Diploma in any of the five disciplines.

( 5 ) THERE is no dispute with the proposition that an employer is entitled to specify norms educational or set qualifying standards, for any appointment or recruitment to be made by it. The discretion of the Employer in setting up norms and standards cannot be assailed. However, the question here is not of the right of the employer to specify the minimum standards or qualifications. The question to be decided is whether a Bachelor Degree in instrumentation and Control Engineering can be regarded as an equivalent degree to the degree in five disciplines mentioned in the advertisement.

( 6 ) PETITIONER had raised this issue with Association of Indian universities, who referred the matter to Netaji Subhas Institute of technology, formerly known as the Delhi Institute of Technology, for advice on the question of parity with BE (Instrumentation and Control ). The institute has given its opinion and conclusions in the following terms:-

"in this connection, I am directed to inform you that the Director, NSIT had constituted a Committee to examine the course contents of various b. E. Courses conducted by the University of Delhi in order to find equivalence of the Degree of Bachelor of Engineering (Instrumentation and Control Engineering) with the courses of Electronics and Communication engineering/computer











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