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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SRIMATHY, J.
M. Rajeshwari - Appellant
Versus
The Institute of Banking Personnel Selection, (Recruitment of Specialist Officers in Participating Organization), Represented by its Director, Mumbai & Others - Respondent
W.P.(MD) No. 9042 of 2015 & M.P.(MD) Nos. 1, 2 & 3 of 2015
Decided On : 17-03-2022
Bio-Technology - Equivalence of Degree - G.O.Ms.No.190, Agriculture (AP.6) Department, dated 16.05.2007 - The court discussed the equivalence of Bio-Technology degree to Agriculture degree as per the notification and settled the issue based on previous judgments.
Fact of the Case:
The petitioner, holding a Bachelor of Technology (Bio Technology) degree, applied for the post of Agricultural Field Officer. The provisional appointment was withdrawn by the bank on the ground that the petitioner's qualification did not match the educational qualification stipulated in the notification.
Finding of the Court:
The court found that the petitioner's Bio-Technology degree could not be considered equivalent to a degree in Agriculture as per the notification. The court also referred to a previous judgment where a similar issue was settled.
Issues: The main issue was the equivalence of the petitioner's Bio-Technology degree to the required Agriculture degree for the post of Agricultural Field Officer.
Ratio Decidendi: The court held that the petitioner's Bio-Technology degree could not be considered equivalent to a degree in Agriculture as per the notification. The court also emphasized that it was not sitting as an Equivalence Committee for considering equivalence.
Final Decision: The Writ Petition was dismissed, and no costs were imposed. Connected miscellaneous petitions were closed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned order issued by the second respondent in his proceedings in DP.REC:3754:15, dated 26.05.2015 and quash the same as illegal.)
1. The writ petitioner has challenged this petition to quash the impugned order, dated 26.05.2015 through the impugned order, the provisional appointment granted to the petitioner was cancelled.
2. The petitioner is qualified in Bachelor of Technology (Bio Technology) and has completed the same in Tamil Nadu Agricultural University, Coimbatore within the duration of four years. The Transfer Certificate issued by the said University is Bachelor of Technology (Bio Technology). The claim of the petitioner is he had completed a Degree in Agriculture and the nomenclature is different. The petitioner completed U.G. Degree on 21.04.2012 and was eagerly awaiting for his employment. The first respondent has issued a notification on 17.11.2014 for common recruitment process for recruiting Specialist Officers in participating Organization (CRPSL-IV). The selection process consists of written examination and oral interview and 80 marks was allocated for writ examination and 20 marks for oral interview and the examination is through online mode. In pursuant to the said notification, the petitioner applied for the post of Agricultural Field Officer (Scale-I) for which, as per the notification, the qualification is as follows:
“4 year Degree (graduation) in Agriculture/Horticulture/Animal Husbandry/Veterinary Science/Dairy Science/Agri Engineering/Fishery Science/Pisciculture/Agri Marketing & Co-operative/Co-operative & Banking/Agro-Forestry.”
3. Since the petitioner has studied Bachelor of Technology (Bio Technology), the petitioner contented that the same is equivalent to a degree in Agriculture. The third respondent University has also certified that the degree Programme in B.Tech. (Bio Technology) is a degree of Agriculture. In G.O.Ms.No.190, Agriculture (AP.6) Department, dated 16.05.2007 notifies the Bachelor of Technology in Bio Technology as a professional educational courses in Agricultural Institutions. The petitioner has secured 34.60 marks (combined score) and the cut off prescribed for the post of Agriculture Field Officer is 34.20. Therefore, the petitioner comes under the zone of consideration. Since the petitioner was successful in the selection process, the petitioner was allotted a post provisionally by the second respondent Bank and has called for certificate verification. After scrutinizing the certificates, the second respondent, vide order, dated 17.04.2015 issued an order of offer for appointment to the post of Rural Development Officer (Specialized Segment) in JMGS-I under reserved (OBC) category. As per the notification, the post is Assistant Filed Officer and the same varies in respect of each Bank. In respect of second respondent Bank, the post is Assistant Field Officer is also called as Rural Development Officer. After the offer letter for an appointment, the petitioner was awaiting for the mandatory Induction Training. The second respondent vide the impugned proceedings dated 26.05.2015 and has withdrawn the offer of appointment letter dated 15.05.2015, on the ground that the petitioner's qualification does not match with the educational qualification stipulated under notification dated 17.11.2014. Aggrieved over the same, the present writ petition is filed. This Court has granted the interim stay in M.P.(MD)No. 1 of 2015 dated 23.06.2015.
4. The second respondent has filed a counter affidavit along with the Vacate Stay petition. The first respondent in the writ petitioner is a Public Trust registered under the Bombay Public Trust Act, 1950. The first respondent provides expert services in the areas of Recruitment, placement and promotion to the member organizations. Whenever, any vacancy arises, the Bank would inform such v
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