Possession of a higher degree in the relevant subject can lead to the presumption of meeting essential qualifications, even if the lower degree is not explicitly mentioned in the rules or advertisement.

JUDGMENT

V. Kameswar Rao, J. (Oral)--The challenge in this petition is to an order dated November 24, 2022 passed by the Central Administrative Tribunal, Principal Bench in OA 3212/2017, whereby the Tribunal has allowed the Original Application filed by the respondent herein by stating as under:

"8. We have heard the learned counsel for the parties and also gone through the documents on record. The basic facts are not disputed. The applicant possesses the degree of B.A. (Honours) with Hindi as the main subject and Political Science as a subsidiary subject. She responded to the vacancy notice, referred to in the preceding paragraphs of this order, and was successful. Subsequently, an offer of appointment was issued to her which got cancelled vide order dated 04.08.2017 which is impugned in the present O.A. The Recruitment Rules provide that B.A. (Honours) with one of the subjects of Social Science would be the essential qualifications for appointment to the post of TGT Social Science. Further, eligibility is that the candidate for this position should have secured a minimum of 45% in aggregate in two of the subjects, one of which should be a Social Science subject. To that extent, we agree with the learned counsel for the respondents and the arguments put forth by him that the applicant does not possess the essential qualifications of B.A. (Honours) or B.A. Pass with Social Science as one of the elective subjects. The fact that the applicant had Political Science as a subsidiary subject in B.A. (Honours) would not come to her rescue because the marks obtained in Political Science have not been added to the aggregate. However, it is to be noted that at the relevant time the applicant, as per her own claim and as per the submissions made by the learned counsel for the applicant, possessed a degree of Post Graduation in Political Science. Thus, the fact of the applicant having done M.A. (Political Science) makes her eligible in terms of the basic principle that a higher degree leads to the presumption that the applicant or any such identically placed persons holds the essential qualification if such a qualification requires a lower degree in the relevant discipline. This principle has already adequately been discussed and established by the Hon'ble High Court of Delhi as referred to in the preceding paragraphs.

9. Moreover, the advertisement notice also clearly mentions that the requirement of a minimum of 45% marks in aggregate at graduation level shall be relaxable in case the candidate possesses a Post Graduate qualification in the relevant subject. This being so, the applicant by virtue of possessing a Post Graduation degree becomes eligible.

10. However, there is a twist in the tale. There is no Post Graduate degree of the applicant available on record nor did the applicant submit the same at the time of verification of the documents.

11. Learned counsel for the applicant has placed before us the marksheet of M.A. (Political Science) of the applicant along with the degree awarded to her by the Bundelkhand University, Jhansi.

12. We fail to understand as to what prevented the applicant from submitting the same before the appropriate authorities at the time of document verification. Had she done so, she would have saved herself the prolonged harassment of this long standing litigation.

13. Learned counsel for the applicant has clarified to us that the applicant was a victim of a theft wherein all her belongings including the degree and marksheets were stolen. An averment to this has been made in the O.A., though without any supporting documents.

14. Without going into this controversy at this stage, we are of the considered view that this O.A. can be disposed of with appropriate directions to the respondents to consider this Post Graduation degree of the applicant and if she is meeting all the other eligibility for which document verification has already been done she be given appointment to the post of TGT Social Science forthwith in