The determination of equivalence of educational qualifications is within the employer's discretion, and the exemption from the NET examination applies to disciplines where the examination was not conducted.

JUDGMENT

Ramesh Ranganathan, C.J. - Heard Mr. Pankaj Miglani, learned counsel for the petitioner, Mr. Rajendra Dobhal, learned Senior Counsel for respondents 1 and 2 and Mr. Subhash Upadhyay, learned counsel for the fourth respondent. Despite service of notice, the third respondent has neither chosen to appear in person, nor has she entered appearance through counsel.

2. The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked by the petitioner herein seeking a writ of certiorari to quash the order passed by the second respondent dated 02.06.2017; and to quash the selection dated 06.10.2015 whereby respondents 3 and 4 had been selected for the post of Assistant Professor, Industrial and Production Engineering; and for a writ of mandamus directing the respondent-authorities to grant the petitioner appointment against the post listed at Serial No. 42 of the advertisement dated 05.06.2015.

3. Facts, to the limited extent necessary, are that an advertisement was issued by the first respondent-University on 05.06.2015 inviting applications for the vacant posts of Assistant Professors in Mechanical Engineering, and Industrial and Production Engineering. Serial No. 38 of the said advertisement related to the post of Assistant Professor, Mechanical Engineering, whereunder six posts were sought to be filled up. Of these six posts, one was reserved in favour of the Scheduled Castes, one in favour of the Other Backward Classes, and the remaining four un-reserved, of which two posts were horizontally reserved in favour of women. Serial No. 42, of the said advertisement, related to the post of Assistant Professor, Industrial and Production Engineering whereunder two posts were sought to be filled up. Of these two posts, one was reserved in favour of the Scheduled Castes, and the other un-reserved post was horizontally reserved in favour of women.

4. The petitioner belongs to the unreserved category. He relies on a policy decision of the Government of Uttarakhand in terms of which, in cases where eligible women candidates are not available for appointment, then such posts, horizontally reserved in favour of women, can be filled up by those belonging to the general category. It is his case that he was fully qualified to be appointed to either of these posts of Assistant Professor, Mechanical Engineering and Assistant Professor, Industrial and Production Engineering; both respondents 3 and 4 were ineligible to be considered for appointment to these posts; and, since respondents 3 and 4 were ineligible, the posts, horizontally reserved in favour of women, should have been filled up from among eligible male candidates belonging to the general category which, in the present case, would be the petitioner alone.

5. The petitioner is, admittedly, a graduate in Production Engineering, and a post-graduate in Mechanical Engineering with a Ph.D. degree in Mechanical Engineering. He also claims that his articles were published in international journals. The third respondent, a graduate in Mechanical Engineering with a post-graduate degree in Design and Production Engineering, was, admittedly, pursuing her Ph.D. course when she submitted her application seeking appointment to the post of Assistant Professor, Mechanical Engineering. The fourth respondent is a graduate in Mechanical Engineering and a postgraduate in Production Engineering. Neither the petitioner, nor respondents 3 and 4, possess the qualification of having passed the NET examination.

6. Mr. Pankaj Miglani, learned counsel for the petitioner, would submit that the respondents had held the petitioner ineligible to be considered for appointment to the post of Assistant ProfessorMechanical Engineering since he had completed his graduation in Production Engineering; the certificates, issued by the Dean and the Professor of the respondent-University, itself show that a graduate degree, in Production Engineering, is equivalent to a degree in Mechanical Engin