The main legal point established in the judgment is that the determination of equivalence of qualifications by an Expert Committee, supported by the State Government, can influence the eligibility of candidates for a specific post.

JUDGMENT :

Ravindra Maithani, J.

A common question of law arises in these petitions; therefore, they are being decided by this common judgment.

2. The petitioners are M.Sc. (Advanced Zoology) and also Bachelor of Education from Hemwati Nandan Bahuguna Garhwal University, Srinagar, District Pauri Garhwal (for short, “the University”). The respondent no.2, Uttarakhand Public Service Commission (for short, “the Commission”) issued an advertisement on 04.09.2018 inviting applications for the post of Lecturer including 71 posts of Lecturer Biology. As per advertisement, the qualification for the post was as follows:-

“(i) Post Graduation Degree in Botany or Zoology from any University established by law in India.

(ii) L.T. Diploma from the Government or Government recognized Training Institute/College or Degree in Bachelor of Education from any University established by law in India.”

3. Both the petitioners applied for the said post and appeared in the Entrance Examination. Both of them qualified the Written Examination. Suddenly, it is the case of the petitioners that the Commission, on 08.06.2019, issued a list of disqualified candidates and both the petitioners have been shown disqualified on the ground that they had obtained M.Sc. (Advanced Zoology). The petitioners made their representations claiming that, in fact, M.Sc. (Advanced Zoology) is a course run by the University for M.Sc. (Zoology). They are one and the same. The University certified it, but since no action was taken, hence, the petitions.

4. The petitions were taken for hearing on 25.06.2019, when this Court directed for appointment of a panel of experts on the subject to decide the controversy. The Court directed as hereunder:-

“Having considered the submission of learned counsel for the parties and after going through the judgment passed by the Division Bench in the bunch of petitions, as an interim measure, it is directed that the State Government shall decide the controversy of equivalence of subject of Zoology and Advance Zoology by appointing penal of expert of the said subject. After completing of the said exercise, the said committee shall take decision in the matter at earliest, and on the basis of the expert committee decision, the State Government shall take decision, so as to end the anomaly and subject may came to the end and students who have passed their M.Sc. with Advance Zoology may not be made to suffer. The report of the committee be filed within four weeks from today. List this matter after four weeks.

Meanwhile, selection, if any, is made pursuant to the interview held by the respondent the same shall be subject to the final decision of the writ petition.”

5. The Commission filed counter affidavit. According to the Commission, as per the relevant Rules, the qualifications for the post of Lecturer (Biology) is M.Sc. (Botany or Zoology) and L.T. Diploma from Government or Government recognized institution or degree college or B.Ed. degree from the University established by law. It’s the Commission case that since the petitioners do not possess the required qualifications, they were declared ineligible vide list dated 08.06.2019.

6. The State filed its counter affidavit. It is stated that the compliance of Court’s order dated 25.06.2019, a Committee was constituted and the Committee reported that the, “Syllabus of M.Sc. (Advance Zoology) and M.Sc. (Zoology) are 90% same as such M.Sc. (Advance Zoology) may be treated as equivalent to M.Sc. (Zoology)”. The report of the Commission has also been enclosed. According to the State, after report of the expert, the State Government has written to the Commission on 28.01.2020 to declare the result as per finding of the Expert Committee.

7. Heard learned counsel for the parties and perused the record.

8. Learned counsel for the petitioners would submit that pursuant to this Court’s order dated 25.06.2019, the controversy has been decided by the Expert Committee, which has opined that M.Sc. (Advanced Zoology) and M.Sc.