Higher computer degrees like B.Tech (ECE) held equivalent and superior to required one-year basic computer diploma; such qualifications cannot disqualify candidature for public employment.

ORDER (ORAL)

By Hon’ble Mr. Tarun Shridhar, Member (A)

The subject of the present Original Application (OA) is an order dated 03.02.2023 vide which the candidature of the applicant has been rejected on the ground that he does not meet the essential educational qualification for recruitment to the post of Patwari. The essential qualification as mentioned in the Rules and quoted in the impugned order is “(i) One year Diploma course in computer from Govt. Recognized institution.” Agitating his grievance, the applicant prays for the following reliefs:-

“(a) quash and set aside the impugned order dated 03.02.2023 (Annexure A/1) and (b) direct the respondents to further forthwith consider and appoint the applicant to the post of „Patwari‟ (post code 13/17)

(c) accord all consequential benefits including seniority and monetary benefits.

(d) award costs of the proceedings and (e) pass any other order/direction which this Hon‟ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

2. Shri Ajesh Luthra, learned counsel for the applicant submits that as recently as 10.01.2024, that is, only one week back this issue has been elaborately thrashed out in OA No. 678/2023. In the said OA too, the issue was with respect to the equivalence of the educational qualification of the applicants with the one set forth in the Recruitment Rules (RRs). The Tribunal has unambiguously held the applicants therein to be entitled for consideration to the post as their qualification is not only equivalent but higher than the one year diploma in the computer. Since the facts, circumstances and the issue involved is identical without even an iota of difference, the present OA also needs to be allowed on the same analogy.

3. We have given a careful reading to the Order pronounced on 10.01.2024 in OA No. 678/2023. Although, the learned counsel for the respondents has vehemently objected to drawing any parallel making a submission that the issue and the relief sought is individual to the applicant clarifying that the right and claim to appointment is an individual claim, hence, each applicant has to satisfy his eligibility and entitlement to hold the post in terms of his qualifications and eligibility. Therefore, it would be erroneous to draw any analogy. If one person has been declared eligible and qualified, such eligibility does not get conferred upon another unless the other too establishes the same.

4. The applicant herein is an aspirant to the post of Patwari in terms of a Vacancy Notice Advertised vides No.02/2017 on 07.08.2017. The subject of the OA No. 678/2023 is also this advertisement for the post of Patwari. The candidature of the applicants therein too was cancelled on the ground of the applicants not possessing “one year diploma course in computer”.

It would be pertinent to mention emphatically that the applicants in that OA possessed the qualification of either Bachelors/Masters in Computer Application or B.Tech in Electronics and Computer or B.Tech in IT or B.Tech in Electronics. The Tribunal had held that their degrees were higher than the one year diploma and further observed that whereas one year diploma would only entail one year basic education in computer, the applicants had studied the computer exhaustively. The applicant in the present OA possesses a degree of B.Tech (ECE), now this is also one of the degrees held by some of the applicants in the earlier OA, i.e., 678/2023

5. Further, for sake of clarity in understanding the facts, circumstances as also the issues, we are reproducing the order dated 10.01.2024 in O