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2004 Supreme(Del) 414

High Court Of Delhi
SANDEEP SANGAR - Appellant
Versus
RESERVE BANK OF INDIA - Respondent
W.P.(C.) 22 of 2001
Decided On : 05/26/2004

Advocates Appeared:
H.S.PARIHAR, K.S.PARIHAR, NIRAJ K.KAUL, R.N.TRIVEDI, RAJIV GEORGE

Headnote:Service – eligibility - Article 226 of Constitution of India and All India Institute of Medical Recruitment Rules – dispute relating to eligibility criteria – petitioner claims his degree as equivalent to what is demanded by respondent – equivalence of degree has to be vis-a-vis degree –seeking equivalence by co-joining two degrees or by co-joining a degree followed by a diploma not permissible – petitioner cannot be said to have acquired required eligibility - petition dismissed.

PRADEEP NANDRAJOG, J.

( 1 ) IN the year 1982, Reserve Bank of India issued an advertisement inviting applications to fill up the vacant posts of officers Grade B. As per the advertisement in question, eligibility as on 1. 6. 1992 for the said post was:

I) chartered Accountant or Cost Accountant with a Bachelor s Degree, OR ii) a Bachelor s Degree or a Post Graduate Degree in Computer Science/ Applications (e. g. B. E. /b. Tech. , M. E. / M. Tech. , BCA/mca) with a minimum of 50% marks in the aggregate or its equivalent grade; OR iii) a graduate or a Post Graduate Degree with a minimum of 50% marks in the aggregate or its equivalent grade plus minimum 5 years experience (including probationary period) in a Commercial bank as an officer. SC/st candidates with a pass class in Graduate/post Graduate Degree examination and qualifications/eligibility as mentioned at (i), (ii) or (iii) above are eligible to apply. "

( 2 ) FOR the purpose of the present petition, we are concerned with the second alternative essential qualifications i. e. a Bachelor s Degree or a Post Graduate Degree in Computer Science/applications. It may be noted that by way of illustration, the advertisement illustrates which degrees would be treated as being treated as Graduate/post Graduate Degree in Computer Science/applications. BCA and MCA degrees being two.

( 3 ) AS per the petition, the petitioner holds the following degrees :

(I) b. SC. (Hons.) Physics (with papers of Electronics and Computers) ii) m. Sc. (Physics) (with papers of Computer Science ). (iii) post Diploma in Computer Applications issued by Tool Room Training Center, New Delhi recognised by the Board of Technical Education.

( 4 ) PETITIONER applied under the advertisement aforesaid, He was allowed to appear in the written examination. Petitioner claims that he was placed at serial No. 1 in the list of successful candidates who cleared the written examination. He was called for interview along with his testimonials and certificates etc. for 14. 1. 1993. On 5. 1. 1993, he received a communication to the effect that he could appear at the interview subject to the diploma in Computer Applications obtained by the petitioner being found to be equivalent to a degree in Computer Science/applications. Petitioner appeared at the interview. His result was withheld. The respondent was seeking clarification on equivalence.

( 5 ) PETITIONER pointed out to the respondent that various institutions like National Informatics Center, Indian Institute of Technology, National Hydroelectric Power Corporation Ltd. and Indian Tourism Development Corporations were recognising a diploma obtained after a Master s Degree in Physics as being equivalent to Master s Degree of Computer Applications i. e. MCA. Petitioner brought to the notice of respondents the advertisement issued by the said institutes where a Graduation Degree in Computer Science was equated with Graduation degree with a diploma in Computer Applications, obtained from a recognised institute.

( 6 ) CLARIFICATION was got obtained by the petitioner from the Association of Indian Universities, a body competent to rule on the issue of equivalence of degrees. Letter dated 21. 6. 1993 written by the Association of Indian Universities on which the petitioner relies reads as under :

"dear Sir, we have verified from the certificates shown to us that Mr. Sandeep Sangar has passed M. Sc. (Physics) from the University of Delhi and Post Diploma in Computer Application from the Board of Technical Education, Delhi Administration. He has further 3 years work experience on computer by working in the Deptt. of Statistical Analysis and Computer Services of the Reserve Bank of India and has attained good knowledge of programming languages and software packages as certified by the Director, DESACS, RBI, New Delhi vide his certificate of June,1993. As no areas of subject studies and inter-disciplinary programmes are being developed at Indian Universities, it may not be possible in al




























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