Back
2025 Supreme(Gau) 383
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUMAN SHYAM, J.
Gaurab Dutta S/o Sri Dilip Kumar Dutta - Appellant
VERSUS
The Indian Oil Corporation Ltd And Anr. Respondent
WP(C)/1625/2019
Decided On : 01-04-2025
Advocate Appeared:
For the Appellant : MR. B PATHAK, MR. R THADANI,MR H K GOGOI
For the Respondent: MR. M K CHOUDHURY, MR P BHARDWAJ,MR. N BARUAH
The equivalence of educational qualifications for recruitment is determined by relevant educational authorities, and the court cannot adjudicate without their involvement.
Headnote:
(A) Recruitment Advertisement - Educational Qualification - The writ petitioner, holding a Post Graduate Diploma in Global Business Operation, challenged the withholding of his recruitment result by Indian Oil Corporation Limited due to uncertainty regarding the equivalence of his qualification to MBA (Marketing) as per the advertisement notice. The Court noted that the diploma is not equivalent to MBA (Marketing) but has specialized subjects in Marketing. The petitioner was granted liberty to provide evidence for equivalence. (Paras 2, 6, 10, 12)
(B) Jurisdiction of Court - The Court emphasized that the question of equivalence lies within the domain of educational authorities such as UGC and AICTE, which were not impleaded in the writ petition. (Paras 10, 11)
Facts of the case:
The petitioner applied for a Marketing Professional position at IOCL but was informed that his qualification's equivalence was unclear. The University confirmed that the diploma is not equivalent to MBA (Marketing). The petitioner argued that the diploma should be considered equivalent to a two-year PGDM in Marketing Management. (Paras 2, 5, 6)
Findings of Court:
The Court could not decide on the equivalence due to lack of evidence and the absence of relevant authorities in the petition. The petitioner was allowed to submit further evidence for consideration. (Paras 10, 13)
Issues: The main issues were whether the Post Graduate Diploma in Global Business Operation is equivalent to the required qualifications for the position and the implications of the time elapsed since the advertisement. (Paras 6, 12)
Ratio Decidendi: The Court ruled that the equivalence of qualifications is a matter for educational authorities, and without their input, the Court could not make a determination. The petitioner was given the opportunity to present further evidence. (Paras 10, 13)
Result: Writ petition stands disposed of.
JUDGMENT & ORDER :
SUMAN SHYAM, J.
Heard Mr. B. Pathak, learned counsel appearing for the writ petitioner. Also heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. R. Gohain, learned counsel appearing for the respondents.
2. The writ petitioner herein had completed his Post Graduate Diploma (PGDM) in Global Business Operation (GBO) from Shri Ram College of Commerce affiliated to the University of Delhi. In the month of November, 2017 the Indian Oil Corporation Limited i.e. the respondent No.1 herein, had issued an advertisement notice inviting candidature from dedicated professionals in the field of Marketing Management . The educational qualification laid down by the advertisement notice for recruitment of Marketing Management professionals is as follows :-
“1.1.1. 2 year full-time regular course leading to Post Graduate Diploma (PGDM)/Masters Degree in Business Administration (MBA) or equivalent with specialization in Marketing Management or an equivalent qualification from a recognized Indian University/Institute.”
The writ petitioner being a Post Graduate Diploma holder in Global Business Operation had submitted his application for the post of Marketing Professional in the IOCL. After completion of the selection process, the authorities had published the results. However, vide communication dated 10.01.2019 issued by the General Manager (HRD) i.e. the respondent No.2, the petitioner was informed that his result of the recruitment exercise is being withheld for want of clarification as to whether, the Post Graduate Diploma in Global Business Operation programme is equivalent to MBA (Marketing) or not. Aggrieved by the communication dated 10.01.2019 the writ petitioner has approached this Court by filing the present writ petition.
3. On 13.03.2019 this Court while issuing notice to the respondents had passed an interim order directing the respondent authorities to keep one post of Marketing Professional vacant. Accordingly, one post has been kept vacant by the IOCL authorities.
4. It appears that the respondent No.2 had earlier issued a communication to the Registrar of University of Delhi on 04.12.2018 making certain queries pertaining to the Post Graduate Diploma in Global Business Operation obtained by the writ petitioner with a request to confirm the following :-
“1. Whether the program in PGD in GBO is equivalent to MBA/Marketing.
2. Whether the program in PGD in GBO is recognized by UGC.”
5. Accordingly, the matter was forwarded to Shri Ram College of Commerce. By the Communication dated 19.12.2018 issued by the Principal of Shri Ram College of Commerce (University of Delhi) the respondent No.2 was informed as follows :-
“1. Post Graduate Diploma in Global Business Operations (GBO) Programme is not equivalent to MBA (Marketing) but its course curriculum has specialized subjects in Marketing.
2. Regarding its recognition by UGC, it is course of University of Delhi [Ordinance AC resolution no.A.C.(3)-23-1-1999 & E.C. resolution no.E.C.(1)-30-4-1999] since 1999.”
6. From the above communication it is, thus, apparent that the Post Graduate Diploma in Global Business Operation (GBO) obtained by the writ petitioner from Shri Ram College of Commerce is not equivalent to MBA(Marketing). Mr. Pathak, learned counsel for the petitioner has, however, strenuously argued that the question is not as to whether, the Post Graduate Diploma in Global Business Operation held by the writ petitioner is equivalent to MBA (Marketing) but as to whether, the same is equivalent to a two year full time regular course leading to Post Graduate Diploma specialized in Marketing Management or an equivalent qualification as per Clause 1.1.1. of the advertisement notice. The learned counsel further submits that since the correct query was not made by the IOCL authorities, hence, an irrelevant answer was provided by the Shri Ram College of Commerce, which did not address the issue raised by the petitioner.
7. Mr. Choudhury, learned senior counsel for the
