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2020 Supreme(P&H) 1628
IN THE HIGH COURT OF PUNJAB AND HARYANA
G.S. Sandhawalia, J.
Promila Sharma - Appellant
Versus
State Of Punjab And Others - Respondent
Civil Writ Petition No. 24036 of 2016, 17013 of 2020, 573 of 2019
Decided On : 11-12-2020
Sanjay Majithia, Advocate, Shailendra Sharma, Advocate, D.S. Patwalia, Advocate, Kannan Malik, Advocate, Amit Arora, Advocate, Anu Chatrath, Advocate
A candidate who does not possess the basic eligibility criteria of Graduation cannot be appointed to the post of PCS (Executive Branch) from Register A-II, even if he/she possesses higher qualifications.
Headnote:
PCS (Executive Branch) - Appointment - Eligibility - Graduation - MA Degree from Annamalai University - Validity - UGC Regulations - Equivalence - Higher Qualifications - Relaxation of Rules - Fraudulent Appointment - Cancellation of Appointment - Reinstatement of Eligible Candidate - Costs.
Fact of the Case:
The petitioner, Raman Kumar Kochhar, was appointed to the post of PCS (Executive Branch) from Register A-II based on his MA degree from Annamalai University. The contesting petitioner, Promila Sharma, challenged his appointment on the ground that he did not possess the basic eligibility criteria of Graduation as per the Punjab Civil Services (Executive Branch) 1st Amendment Rules, 2011. The State Government, after reviewing the matter, cancelled the appointment of Raman Kumar Kochhar.
Finding of the Court:
The Court held that the petitioner, Raman Kumar Kochhar, was not eligible for appointment to the post of PCS (Executive Branch) as he did not possess the basic qualification of Graduation as per the Rules. The MA degree from Annamalai University, which was obtained without completing the 3 years' Graduation course, was not recognized by the UGC and was, therefore, invalid. The subsequent degrees obtained by the petitioner, namely, MBA from PTU and MA from Panjab University, were also based on the invalid MA degree from Annamalai University and were, therefore, not valid. The Court further held that the appointment of Raman Kumar Kochhar was fraudulent as he had misrepresented his qualifications and that the State Government was justified in cancelling his appointment.
Issues: 1. Whether the petitioner, Raman Kumar Kochhar, possessed the basic eligibility criteria of Graduation as per the Punjab Civil Services (Executive Branch) 1st Amendment Rules, 2011? 2. Whether the MA degree from Annamalai University, obtained without completing the 3 years' Graduation course, was valid? 3. Whether the subsequent degrees obtained by the petitioner, namely, MBA from PTU and MA from Panjab University, were valid? 4. Whether the appointment of Raman Kumar Kochhar was fraudulent? 5. Whether the State Government was justified in cancelling the appointment of Raman Kumar Kochhar?
Ratio Decidendi: 1. The basic eligibility criteria for appointment to the post of PCS (Executive Branch) from Register A-II, as per the Punjab Civil Services (Executive Branch) 1st Amendment Rules, 2011, is Graduation from a recognized University. 2. The MA degree from Annamalai University, obtained without completing the 3 years' Graduation course, is not recognized by the UGC and is, therefore, invalid. 3. The subsequent degrees obtained by the petitioner, namely, MBA from PTU and MA from Panjab University, are based on the invalid MA degree from Annamalai University and are, therefore, not valid. 4. The appointment of Raman Kumar Kochhar was fraudulent as he had misrepresented his qualifications. 5. The State Government was justified in cancelling the appointment of Raman Kumar Kochhar.
Final Decision: The Court dismissed the writ petitions filed by Raman Kumar Kochhar and Krishan Gopal, and directed the State Government to consider the petitioner, Promila Sharma, for appointment to the vacancy caused by the cancellation of Raman Kumar Kochhar's appointment. The Court also directed the State Government and Raman Kumar Kochhar to pay costs of Rs. 1 lakh to Promila Sharma.
JUDGMENT
G.S. Sandhawalia , J. - This judgment shall dispose of CWP-24036-2016, CWP-573- 2019 and CWP-17013-2020, as common facts and question of law are involved. CWP-573-2019 pertains to common question of law but different facts and decision in the first two would have a bearing on it, since question of law would be common and therefore, they are being decided together.
2. The issue, in summarized manner, relates to the appointment to a post of the Punjab Civil Services (Executive Branch) from Register A-II in which, the petitioner-Raman Kumar Kochhar (hereinafter to be referred to as the 'selected candidate'), in CWP-17013-2020 has been appointed vide letter dated 29.09.2016 (Annexure P-13). The representation of the petitioner in CWP-24036-2016, Promila Sharma (hereinafter to be referred to as the 'contesting petitioner'), to declare him ineligible on the ground that he does not fulfill the basic eligibility criteria as given in Rule 10(4)(c) of the Punjab Civil Services (Executive Branch) 1st Amendment Rules, 2011 and declare her eligible, has been rejected vide order dated 12.10.2016 (Annexure P-14), which has, thus, been challenged by the said petitioner. She has also sought directions for appointment to the said post as she comes within the selection zone.
3. During the pendency of the first writ petition, filed by Promila Sharma, the State had issued a show cause notice dated 28.11.2018 (Annexure P-18) to the selected candidate and thereafter, vide order dated 05.10.2020 (Annexure P-31), his appointment has been cancelled. He has been directed to rejoin his parent cadre on the ground that he was not qualified to be appointed as he does not have the basic educational qualification of "Graduation". However, his service benefits have been protected as if he had served in his parent cadre for the purpose of continuity and it was not to be treated as break in service. The State Government had also, vide the order passed by the Chief Secretary which is now impugned by Raman Kumar Kochhar, had come to the conclusion that the MA degree in History from Annamalai University cannot make him eligible without the basic first degree of Graduation and therefore, he cannot be considered as qualified under the PCS Rules.
4. The case has a chequered history as the selected candidate was apparently some one's blue eyed boy who managed to get his appointment to the coveted post of the PCS (EB) without even being eligible. In order to appreciate the controversy, reference will have to be made to the background of the case, which is as under.
Summary of facts
5. Vide advertisement No.2 issued by the Punjab Public Service Commission (hereinafter to be referred to as the 'Commission') dated 21.04.2014 (Annexure P-1), applications were invited from eligible employees from Groups-A and B of the Ministerial Cadre of the Punjab Government in Punjab Civil Service (Executive Branch) to be filled through Register A-II and Register C, for the process year from period 2008-2012-2013. The dispute herein is only qua Register A-II for which 25 posts were advertised. The cut-off date for determining the eligibility criteria was fixed as 01.11.2013. The last date for filling the online application forms was 12.05.2014 and the last date for depositing the application fee was 16.05.2014. The hard copy duly filled through proper channel had to be submitted by 30.05.2014. The Commission was to conduct a screening test of 100 marks to short-list the candidates as per the syllabus notified by the State Government and a list of eligible candidates 3 times the number of vacancies was to be prepared.
6. The selected candidate, who is only a +2 pass and was not a Graduate, filled his online application form dated 05.05.2014 (Annexure P-4) whereby as per the qualification details he gave out that he has done MA History as per certificate showing his year of passing as May, 2005 from Annamalai University, Annamalai Nagar, Tamil Nadu. He had also signed as declaration
