The court affirmed that the state as an employer has the exclusive right to determine eligibility qualifications for recruitment, and judicial review cannot alter these stipulations.

JUDGMENT

1. This intra-Court appeal is directed against order dated 4.12.18 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant seeking directions to the respondents to allow him to participate in the interview for selection to the post of Lecturer in Economic Administration & Financial Management ('EAFM'), pursuant to the advertisement dated 12.1.15, issued by the Rajasthan Public Service Commission (RPSC), has been dismissed.

2. The RPSC invited applications from eligible candidates for recruitment to the post of Lecturer in various subjects, under the provisions of Rajasthan Education Service (Collegiate Branch) Rules, 1986 ('the Rules'). The eligibility qualification as prescribed in the advertisement was good academic record with Masters Degree in relevant subjects from an University or an equivalent degree from an accredited foreign university, National Eligibility Test (NET), conducted by University Grants Commission (UGC), CSIR or similar test accredited by the UGC like SLET/SET. The candidates who are or have been awarded a Ph.D. Degree in accordance with UGC (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009 were exempted from requirement of minimum eligibility condition of NET, SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in the Universities/Colleges/Institutions. NET/SLET/SET was also not required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted.

3. The appellant having the qualification of Masters in Business Administration (MBA), aspirant for appointment to the post of Lecturer in EAFM, filed a writ petition under the apprehension that on account of the eligibility qualification as prescribed, his application form for recruitment to the said post shall not be accepted by the respondent-RPSC.

4. Before the learned Single Judge, the appellant contended that since he has passed his MBA as also the NET Examination, he is eligible to be appointed on the post of Lecturer in the subject EAFM. Precisely, the case of the appellant was that MBA being a post-graduate degree in subject having a relation to Economics & Finance, it deserves to be considered equivalent to Post Graduation in EAFM.

5. On behalf of the RPSC, it was contended that the condition of eligibility for the post of Lecturer (EAFM) inter alia includes a Post Graduate qualification in subject with a good academic record as also NET/SLET/SET or Ph.D. in lieu thereof and therefore, the appellant who admittedly has not been Post Graduate in EAFM and does not also have NET/SLET/SET or Ph.D. therein, is not eligible for appointment to the post of Lecturer in EAFM. It was further contended that the issue of equivalence of MBA with the Post Graduate in EAFM is not a matter which can be adjudicated by this Court.

6. After due consideration of the rival submissions, the learned Single Judge opined that the subject of EAFM is distinct from MBA. Whether the two are equivalent, is not for the Court to address and adjudicate. The issue exclusively lies in the domain of expertise of concerned academic experts. Accordingly, the writ petition has been dismissed.

7. Learned counsel appearing for the appellant reiterating the arguments advanced before the learned Single Judge, submitted that the qualification of MBA has to be treated equivalent to the Masters in EAFM and thus, the appellant could not have been held ineligible to compete for appointment to the post of Lecturer in EAFM. Learned counsel submitted that the eligibility condition of NET/SET/Ph.D. and good acadmic record imposed by the respondents is also not in accordance with the norms of UGC.

8. We have considered the submissions of the learned counsel for the appellant and perused the material on record.

9. Indisputably, the eligibility qualification prescribed for recruitment to the post of Lecturer in EAFM is Masters Degree in EAFM and the qualification of NET/SLET/