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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHASKAR BHATTACHARYA & J.B. PARDIWALA, JJ.
GUJARAT PUBLIC SERVICE COMMISSION
Versus
DHANJIBHAI SAVJIBHAI MARU & ANOTHER
LETTERS PATENT APPEAL NO. 550 of 2013 (In SPECIAL CIVIL APPLICATION NO. 7904 of 2000) With CIVIL APPLICATION NO. 4647 of 2013 (In LETTERS PATENT APPEAL NO. 550 of 2013) WITH LETTERS PATENT APPEAL NO. 624 of 2013 (In SPECIAL CIVIL APPLICATION NO. 7903 of 2000) With CIVIL APPLICATION NO. 4993 of 2013 (In LETTERS PATENT APPEAL NO. 624 of 2013)
Decided On : 13.12.2013
Held :
If Court consider Rule 3 of the Rules quoted above, it would appear that in Sub-rule (b), the requisite qualification is a Bachelor's degree in Arts, Science, Commerce, Agriculture or Law of statutory Indian or foreign University [Para 6]
It appears that the word 'equivalent' is not mentioned in Sub-rule (b), and, therefore, the requirement of the aforesaid provision is that a candidate must have a Bachelor's degree in Arts, Science, Commerce, Agriculture or Law of a statutory Indian or foreign University, and thus, there is no scope of having any equivalent degree. Court does not, for a moment, dispute that B.R.S. degree may be equivalent to a Bachelor's degree in Arts, but that is for a limited purpose as prescribed in the notification or circular indicated therein. When the requirement of law in Sub-rule (b) is that a candidate must have actual degree, and not an equivalent degree as prescribed in Sub-rule (c), he cannot claim that by getting an equivalent degree, he should be held to be holding eligible qualification under Sub-rule (b). [Para 7]
So far as the case of Dhanjibhai Savjibhai Maru is concerned, though he has obtained a Master of Arts Degree, the same is not from a 'statutory Indian or foreign University' but is given by Gujarat Vidyapith, which is a recognized College under the University Grants Commission. Therefore, the said M.A. Degree cannot be taken into consideration, the same not being a degree conferred by a statutory Indian or foreign university but by a college recognized by the University Grant Commission. The position would have been different if the said petitioner had M.A. Degree given by any statutory Indian or foreign University. [Para 9]
Court, therefore, find that none of the writ-petitioner had the requisite qualification in terms of Rule 3(b) of the Rules quoted above. [Para 10]
The learned Single Judge erred in law in considering the writ-petitioners as the candidates having the requisite qualification by relying upon a Government Resolution where the State Government considered B.R.S. Degree equivalent to B.A. Degree for a limited purpose. The learned Single Judge failed to appreciate the fact that the said Government Resolution, for a restricted purpose, recognized such degree as an equivalent degree, but for that reason, the requirement of a statutory provision that a candidate must be a holder of a Bachelor's degree in Arts, Science, Commerce, Agriculture or Law of statutory Indian or foreign University cannot be dispensed with. [Para 13]
Law Laid Down :
It can not be said that mere fact of being empowered under the AIIMS Act to confer degrees or diplomas would convert it into university established by Law.
BHASKAR BHATTACHARYA, J.
1. These two Letters Patent Appeals were heard together as the question involved in both the appeals was similar.
2. Letters Patent Appeal No. 550 is at the instance of Gujarat Public Service Commission, [GPSC hereafter], and is directed against judgment dated 3rd October 2011 passed by a learned Single Judge of this Court in Special Civil Application No. 7904 of 2000 by which the learned Single Judge allowed the writ-petition by setting aside the communication dated 17th February 1998 issued by the appellant by which the candidature of the writ-petitioner for being considered for appointment to the cadre of Gujarat Education Services Class-II (Administrative Branch) was refused, with a direction upon the appellant GPSC to call for interview for being considered for appointment to the above cadre pursuant to advertisement dated 3rd October 1995 published in newspaper on 1st November 1995.
2.1 The other appeal being LPA No. 624 of 2013 is also at the instance of GPSC and is directed against judgment dated 3rd October 2011 passed by a learned Single Judge of this Court in Special Civil Application No. 7903 of 2000 passing similar directions.
3. There is no dispute that both the writ-petitioners were the applicants for the post in question for which the following qualification was prescribed for the candidates in Rule 3 of the recruitment rules known as Gujarat Educational Service Class-II (Administrative Branch) Recruitment Rules, 1969 [the Rules hereafter]:-
“3. To be eligible for appointment by direct selection to the post mentioned in Rule 2, a candidate must:-
(a) Be not more than 30 years of age.
(b) Have a Bachelor’s degree in Arts, Science, Commerce, Agriculture or Law of statutory Indian or foreign University.
(c) Have passed B.T./B.Ed. or an equivalent Degree or Diploma of a recognised University.
(d)..........
(e)..........
(Emphasis supplied by us).
3.1 There is no dispute that Haresh K Thakore, the petitioner of SCA No. 7903 of 2000, was possessing educational qualification of Bachelor of Rural Studies from Sanosara (Saurashtra University) and Diploma in Basic Education from Gujarat State Examination Board Ahmedabad, but he was not holding a Bachelor’s degree in Arts, Science, Commerce, Agriculture or Law of statutory Indian or foreign University. Similarly, Dhanjibhai Savjibhai Maru, the petitioner of SCA No. 7904 of 2000 was possessing the following educational qualification:
1. Bachelor of Rural Studies from Sanosara (Saurashtra University).
2. Diploma in Basic Education from the Gujarat State Examination Board, Ahmedabad.
3. Master of Education from Bhavnagar University.
4. M.A. from Gujarat Vidyapith
4. In both the matters, the contention of the writ-petitioners was that Bachelor of Rural Studies [B.R.S.] is equivalent to a Bachelor’s degree in Arts and, therefore, the petitioners have the eligible qualification. In the case of Dhanjibhai Savjibhai Maru, his further case was that he being a holder of M.A. Degree from Gujarat Vidyapith, he possesses higher qualification than what was prescribed, and, therefore, he is eligible.
5. Therefore, the only question that falls for determination in these Letters Patent Appeals is whether a candidate possessing qualification of Bachelor of Rural Studies [B.R.S.] is eligible for the post concerned for which the qualification prescribed is a Bachelor’s degree in Arts, Science, Commerce, Agriculture or Law of a statutory Indian or foreign University.
6. If we consider Rule 3 of the Rules quoted above, it would appear that in sub-rule (b), the requisite qualification is a Bachelor’s degree in Arts, Science, Commerce, Agriculture or Law of statutory Indian or foreign University whereas in sub-rule (c), the qualification prescribed is B.T./B.Ed. or an equivalent Degree or Diploma of a recognised University.
7. It appears that the word ‘equivalent’ is not mentioned in sub-rule (b), and, therefore, the requirement of the aforesaid provision is that a ca
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