Qualifications for public service positions must be recognized by the relevant statutory authority and relevant to the job, as upheld by the court.

JUDGMENT :

(Sanjeev Kumar, J)

1. The order and judgment dated 27.01.2021 passed by the Central Administrative Tribunal, Jammu [“the Tribunal”] passed in OA No. 479/2020 titled Dr. Tarun Gupta, Vs. UT of J & K & Ors. is subject matter of challeng e by the petitioner in this petition filed under Article 226 of the Constitution of India.

2. The impugned judgment of the Tribunal is assailed by the petitioner on multiple grounds. However, before we advert to the grounds of challenge urged by Mr. Sunil Sethi, learned Senior counsel appearing for the petitioner, we deem it appropriate to set out few facts relevant to the disposal of this petition.

2.1. The Jammu & Kashmir Public Service Commission (PSC) issued advertisement notification No. 11-PSC (DR-P) of 2017 dated 15.11.2017 notifying inter alia 50 posts of Medical Officer (Ayurvedic) which included 02 posts under ALC category. The prescribed/essential qualification notified was Bachelors Degree in Ayurvedic recognized by Central Council of Indian Medicine (CCIM).

2.2. The petitioner being a candidate belonging to ALC category and possessing qualification of Bachelors Degree in Ayurvedic duly recognized by CCIM submitted his application form for the post of Medical Officer (Ayurvedic) under ALC category. In the selection process conducted by PSC which culminated into issuance of select list, the petitioner was awarded 45.25 points in aggregate and the last candidate selected under ALC category was shown to have secured 45.75 points. The petitioner took an exception to the manner in which he was denied 02 points for his additional qualification of Diploma in Nutrition awarded by Indira Gandhi National Open University [“IGNOU”] and in his place, Respondent No. 6 was se lected and appointed as Medical Officer (Ayurvedic). He filed original application being OA No. 479/2020 before the Tribunal throwing challenge to the selection of Respondent No. 6 made by PSC vide notification No. 12-PSC (DR- S) of 2019 dated 16.01.2019 and her appointment made by the Government vide Govt. Order No. 948-HME of 2019 dated 23.10.2019. The petitioner prayed for a direction to the respondents to select and appoint him as Medical Officer (Ayurvedic) under ALC category in place of Respondent No. 6.

2.3. The long and short of the grievance of the petitioner as was projected before the Tribunal is that in terms of Rule 51 of the J&K PSC (Business & Procedure) Rules, 1980, a candidate with one year post-graduate diploma in the subject relevant to the job/post is entitled to award of 02 additional points where the Bachelors degree is prescribed as the minimum qualification.

2.4. It was submitted by the petitioner before the Tribunal that since the petitioner was possessed of one year Diploma in Nutrition and Health Education from IGNOU, as such, he was entitled to the additional 02 points and this would have taken the marks/points of the petitioner to 47.25 and therefore, would have been in the select list of Medical Officer (Ayurvedic) under ALC category.

2.5. The writ petition was opposed by the respondents including the PSC. The claim of the petitioner for 02 additional points was contested by the PSC by contending that the diploma in Nutrition and Health Education acquired by the petitioner from IGNOU was different and not releva nt to the job/post of Medical Officer (Ayurvedic). It was further contended that the job of Medical Officer (Ayurvedic) is different from Nutritionist. Additionally, it was pleaded by the PSC that the diploma qualification relied upon by the petitioner was not recognized by the statutory authority i.e. CCIM and, therefore, no weightage could have been awarded to such qualification.

2.6. The Tribunal considered the rival contentions and the material on record and came to the conclusion that the diploma course studied by the petitioner was referable to allopathic type of medicine and had no relevance to the job of Medical Officer (Ayurvedic). It was held by the Tribunal that in the list of