IMPORTANT POINT
Higher qualifications in the same discipline presuppose the acquisition of lower qualifications required for a post, unless explicitly excluded by the relevant rules.

JUDGMENT :

THE HON’BLE MR. JUSTICE SUMAN SHYAM

1. The 6 (six) writ petitioners herein are holding Bachelors Degree in Mechanical Engineering (BE) under the Gauhati University. Being aggrieved by the refusal on the part of the authorities to allow them to participate in the recruitment process for filling up the 26 posts of Motor Vehicle Inspectors (MVIs) on the ground that they did not possess the requisite qualification as per the advertisement notice, the petitioners have approached this Court by filing the instant writ petition seeking a Writ of Mandamus.

2. The facts of the case, in a nutshell, are that on 13/10/2020, the Under Secretary to the Assam Public Service Commission (APSC) had issued an advertisement bearing no. 09/2020 inviting applications for filling up 26 posts of MVIs. As per the advertisement notice dated 13/10/2020, the minimum essential qualification to apply for the post was “H.S.S.L.C. with 3(three) years diploma in Automobile or Mechanical Engineering from a recognized Institute of Govt. of Assam/Govt. of India and also duly recognized by the All India Council of Technical Education (AICTE).

3. On 13/11/2020, the APSC had issued a corrigendum notice modifying the minimum essential qualification stipulated in the advertisement dated 13/10/2020 by including BE/B.Tech (Automobile/Mechanical) Engineering from a recognized Institution and also added H.S.L.C. along with the H.S.S.L.C with 3 (three) years diploma in Automobile/mechanical as the qualification for the post of MVI. Since the writ petitioners were holding BE degrees in Mechanical Engineering, hence, they had applied for the post of MVI. However, soon thereafter, by issuing notice dated 04/10/2022, the APSC had cancelled the advertisement dated 13/10/2020. Thereafter, on 25/05/2022, the APSC had issued advertisement no.10/2022 inviting fresh applications for filling up the aforesaid 26 posts of MVIs. However, in the advertisement notice dated 25/05/2022, the educational qualification for the post was laid down as H.S.L.C./H.S.S.L.C with 3 (three) years Diploma in Automobile or Mechanical Engineering from a recognized Institute of Govt. of Assam/Govt. of India and also duly recognized by AICTE.

4. The petitioners had submitted their application in response to the advertisement notice dated 25/05/2022. According to the APSC, the petitioners did not possess the requisite educational qualification laid down in the advertisement notice dated 22/05/2022. Aggrieved thereby, the petitioners had approached this Court by filing the instant writ petition. After taking note of the facts and circumstances of the case, the learned Single Judge had passed interim order dated 27/06/2022 provisionally allowing the petitioners to participate in the selection process. This Court had however, directed that the final results should not be declared. During the pendency of this writ petition, the selection process was concluded. As such, the Secretary to the APSC had filed an application registered as IA(C) No. 441/2023 with a prayer to modify the interim order dated 27/06/2022 and allow the publication of results, which prayer was allowed by this Court by order dated 12/04/2023. Accordingly, the results were published. From the result so published, it transpired that four writ petitioner i.e. petitioner nos. 2, 4, 5 & 6 have emerged successful but the petitioner nos. 1 & 3 could not clear the examination. Therefore, pursuant to the leave granted by this Court by order dated 26/04/2023, 22 posts of MVI had been filled up. However, four posts of MVI have been directed to be kept vacant awaiting the outcome of this proceeding. This Court had also extended the validity of the select list dated 24/04/2023.

5. The core issue arising for decision of this Court in the present proceeding is as to whether, the qualification of BE (Mechanical) held by the writ petitioners would presuppose the qualification of 3 (three) years diploma in Mechanical Engineer and, therefore, those petition