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IN THE HIGH COURT OF DELHI AT NEW DELHI
J.R. MIDHA, J.
Bharati Rathore – Petitioner
Versus
Union of India and Another – Respondents
W.P. (C) No. 5229 of 2019, C.M. Application No. 23128 of 2019
Decided On : 28-05-2021
Constitution of India, 1950 - Article 14 - Patents Act, 1970 - Section 2(oa), 12, 13 and 73(2) - Patents Rules, 2003 - Rule 19G - Examiner of Patents and Designs - Selection process - Seeking appointment to post of Examiner of Patents and Designs in stream of Bio-Medical Engineering - Seeking quashing of entire selection process and results declared by respondents - Whether an Interview is necessary for post of Examiner of Patents and Designs considering that Examiner of Patents and Designs is a key entry level post in Patent Office having quasi-judicial powers in relation to processing of application and grant of a patent; and higher supervisory posts above Examiners viz., Controllers of Patents and Designs are all filled through 100% promotions as recommended by Justice Allah Raham Committee - Respondents have deposed in their affidavit that an interview is not necessary for recruiting Examiner of Patents and Designs because the work of the Examiner primarily requires technical knowledge which can be best assessed by written test and Examiner has not to interact with the public - Whether any action is warranted against the Officers of the respondents for misleading this Court and taking an incorrect stand contrary to the well settled law - Whether the recruitment of Examiner of Patents and Designs by written test only is discriminatory and violative of Article 14 of Constitution considering that UPSC is conducting the recruitment for administrative services by two stage written examination followed by interview - Director of DoPT, Ministry of Personnel, Public Grievances and Pensions submitted before this Court that Central Government took a decision to dispense with the interview only in respect to Group B - Non- Gazetted posts and below, meaning thereby that the interview would be mandatory for Group A posts - Whether the directions for uniform recruitment by two stage written test followed by interview for all Group A Class-I posts are warranted?
Finding of the court: Interview is imperative for selection and appointment of an Examiner of Patents and Designs which admittedly is also the feeder post for the candidate to get promoted as Assistant Controller of Patents & Designs and thereafter right upto the Controller of Patents & Designs - Role of Examiner of Patents and Designs is extremely important in the working of the Patents Act, 1970, especially after it has been amended and international applications are allowed to be filed in India. Thus, a competitive examination not having an interview as a part thereof would be clearly arbitrary and any such decision by the Respondents would fall foul of Article 14 of the Constitution of India.
Result: Order accordingly. Case listed before PIL Bench on 31st May, 2021
JUDGMENT :
J.R. MIDHA, J.
1. The petitioner applied for the post of Examiner of Patents and Designs in the stream of Bio-Medical Engineering. The petitioner topped in the Mains Examination by scoring the highest marks in the Mains Examination. However, the petitioner has challenged the result declared by the respondents. The petitioner is seeking the appointment to the post of Examiner of Patents and Designs in the stream of Bio-Medical Engineering. In the alternative, the petitioner is seeking quashing of the entire selection process and the results declared by the respondents.
Relevant Facts
2. In August, 2018, the respondents invited applications for 220 posts of Examiner of Patents and Designs in various subject/disciplines including Bio-Medical Engineering vide Advertisement No. 01/CGPDTM/2018. Out of 220 posts advertised, four posts were allocated to the stream of Bio-Medical Engineering (Two posts for Unreserved Category, one post for SC and one post for OBC).
3. The educational qualification prescribed for Examiner of Patents and Designs in stream of Bio-Medical Engineering is Bachelor's Degree in Bio-Medical Engineering/ Technology.
4. The petitioner is holding a 5 year Dual Degree of B.Tech. and M.Tech. in Cognitive and Neuroscience with 71.84% in B.Tech. and 73.71% in M. Tech. from University of Rajasthan, Jaipur. Cognitive and Neuroscience is a specialized discipline of Bio-Medical Engineering and the University of Rajasthan issued a Certificate to the petitioner to certify that her Degree is equivalent to the Bachelor's Degree in Bio-Medical Engineering offered by other Institutes and also by some of the foreign universities in Bio-Medical Engineering. The Certificate dated 15th January, 2019 issued by the University of Rajasthan is reproduced hereunder:-
JAIPUR-302004 INDIA
Ref. No. CCT/2019/1718
Dated: 13.01.2019
To whomsoever it may concern
Centre for Covering Technologies, University of Rajasthan, Jaipur offers dual degree program B. Tech-M.Tech in Nano-Bio-Info- Cognitive Neurosciences (NBIC). The program is very comprehensive and having advanced topics. The syllabus of ours herewith enclosed for ready reckoner. The present certificate is issued to Ms. Bharati Rathore who graduated in the year 2016 (batch 2010-2015) on her request that the degree broadly matches with the biomedical engineering offered by other Institute like NIT Raipur and also some of the foreign universities in biomedical engineering. Accordingly, it is pertinent to note that the contents of the course are on par with biomedical engineering and nomenclature might be different with our degree which is in Cognitive and Neuroscience. Hence the present request of the candidate is genuine and recommended to the concerned that the degree awarded by University of Rajasthan in Cognitive and Neuroscience may be considered on par with biomedical engineering.”
(Emphasis supplied)
5. The petitioner submitted the aforesaid Certificate dated 15th January, 2019 along with a comparative table comparing the B.Tech. in Bio-Medical Engineering degree from National Institute of Technology (NIT) Raipur with the petitioner's Degree, which are at Pages 106 to 113 of the petition.
6. The petitioner appeared in the Preliminary Examination on 30th September, 2018 and thereafter, in the Mains Examination on 18th November, 2018.
7. On 10th January, 2019, the respondents declared a provisional list of 12 selected candidates to fill up the four vacancies of Examiner of Patents Designs (Bio-Medical Engineering). The petitioner's name appeared at Serial No. 5 in the said list of 12 successful candidates.
8. On 20th January, 2019, the petitioner appeared before the Verification Centre in accordance with the Notification No. CGPDTM/Mains/2018/02 dated 10th January, 2019 at Dayal Singh College, Lodi Road, New Delhi for verification of the original degree/certificates and produced the original certificates including the Certificate d
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