V. KAMESWAR RAO, J.

W.P. (C) No. 7015/2016

1. In view of order dated May 23, 2017, this petition survives only in respect of petitioner no. 13, namely Raj Kumar.

2. The challenge in this petition is primarily to a decision of the respondent no. 3 Canara Bank cancelling the provisional allotment of petitioner no. 13 to the post of Specialist Officer (Marketing Officer) [Scale-I].

3. The facts as noted from the writ petition are that on November 16, 2015, IBPS, respondent no. 2 had issued an advertisement for conducting CWE-SPL-V for selection of personnel in six Specialist Officers Cadre Posts including the post of (Marketing Officer) [Scale-I) in different Nationalized Banks/Financial Institutions including Bank of Baroda, Canara Bank etc. The educational qualification prescribed for the candidates to be eligible for Marketing officer was, a Graduate having completed Full-Time MMS (Marketing)/ MBA (Marketing)/Full-Time 2 years PGDBA/PGDBM with Specialization in Marketing. There is no dispute that the petitioner herein had qualified the selection process and final results were declared on April 1, 2016. He was intimated that he has been provisionally allotted against vacancies in Canara Bank. Respondent No. 2/IBPS had also issued a notification dated April 1, 2016 explaining the process of provisional allotment.

4. It is the case of the petitioner that respondent no. 3 Canara Bank had sent a letter dated June 29, 2016 to the petitioner thereby cancelling the provisional allotment on the ground that his educational qualification did not meet the eligibility criterion stipulated by IBPS for the post of Marketing Officer (Scale-I). Suffice to state, the qualification of the petitioner is Master in Marketing Management.

5. Respondent no. 3 Canara Bank has filed its counter-affidavit as well as an additional affidavit inter-alia stating that in terms of advertisement dated November 16, 2015, a candidate was required to have specialization in Marketing even in case he has Full-Time Degree of MMS/MBA/Full-Time 2 year PGDBA/PGDBM. Any candidate not having specialization in Marketing shall not be eligible for consideration for appointment. It is the stand that qualification of Master in Marketing Management is not prescribed qualification in the advertisement dated November 16, 2015.

6. Respondent no. 2/IBPS, apart from challenging the maintainability of the writ petition qua it, has stated that the petitioner did not have the requisite qualification in terms of the advertisement.

7. Respondent no. 6/UGC has filed a reply on record stating that the grievance of the petitioner is primarily that his educational qualification prescribed in the advertisement is equivalent to the qualification possessed by him. It is also stated that equivalence of degrees and diplomas is not undertaken by the UGC. It also stated that in case of recruitment it is the employer and in case of pursuit of higher studies it is the University which may undertake the exercise of determining the equivalence between degrees and the diplomas.

8. Mr. Ashok Panigrahi, learned counsel appearing for the petitioner would submit that the petitioner being Master in Marketing Management fulfils the qualification prescribed in terms of the advertisement inasmuch as the said qualification is equivalent to MBA (Marketing). It is his submission that syllabus of Master in Marketing Management consist of all the subjects that are in MBA (Marketing). He also states, qualification of Master in Marketing Management is equivalent to MMS. He also states, one candidate Pradeep got selected in Bank of Baroda whereas, respondent no. 3 is taking vexatious objection in the appointment of petitioner no. 13. He has drawn my attention to curriculum of Master in Marketing Management as well as MBA (Marketing) and MMS, to contend on the equivalence of the qualification possessed by the petitioner and also sought in terms of the advertisement issued by IBPS. According to him, the aspect of equiva