Back
2025 Supreme(Online)(CAT) 6099
CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, J, Pragya Sahay Saksena, ACJ
Karan Kumar – Appellant
Versus
UT of J&K through Commissioner Secretary, General Administration Department, Jammu – Respondent
Original Application No. 22 of 2023
For the Appellants/Petitioners: Mr. Vikram Sharma, Sr. Adv., Mr. Jattan Singh
For the Respondents: Mr. Sudesh Magotra, learned A.A.G., Mr. Hunar Gupta, learned D.A.G., Mr. Dewakar Sharma, learned D.A.G.
The court ruled that higher qualifications in Library Science are equivalent to the outdated Certificate Course requirement for the post of Junior Librarian, reflecting the need for current educational standards in recruitment.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Recruitment Rules - Qualification for Junior Librarian - Applicants possessing Bachelor’s and Master’s degrees in Library and Information Science challenged the requirement of a Certificate Course in Library Science for selection - Standing Committee ruled degrees equivalent, leading to quashing of the communication requiring only the certificate course. (Paras 2.3, 12, 16)
(B) Legal Principle - The Tribunal emphasized that qualifications should reflect the current educational landscape and that higher degrees should be recognized as equivalent to outdated requirements. (Paras 11, 15)
Facts of the case:
The Jammu and Kashmir Services Selection Board advertised 24 posts of Junior Librarian requiring a Certificate Course in Library Science, which was discontinued, while applicants held higher qualifications. (Paras 2.1, 2.2)
Findings of Court:
The communication mandating the Certificate Course was quashed, and the respondents were directed to appoint the applicants based on their higher qualifications. (Paras 16, 17)
Issues: The main issues included the validity of the qualification requirements for the post of Junior Librarian and the recognition of higher degrees as equivalent qualifications. (Paras 3.1, 15)
Ratio Decidendi: The court found that the Standing Committee's decision to treat Bachelor’s and Master’s degrees in Library Science as equivalent to the Certificate Course was valid, and the outdated requirement could not restrict eligibility. (Paras 15, 16)
Result: The communication requiring the Certificate Course was quashed, and the applicants were directed to be appointed as Junior Librarians.
| Table of Content |
|---|
| 1. eligibility criteria for junior librarian posts (Para 2) |
| 2. respondents' stance on qualifications (Para 3 , 4) |
| 3. arguments for higher qualifications (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's analysis of qualifications (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. quashing of the communication regarding qualifications (Para 16) |
| 6. order for appointment of applicants (Para 17 , 18 , 19 , 20) |
ORDER
(Per: Mrs. Pragya Sahay Saksena, Administrative Member)
The instant Original Application (in short O.A.) was filed under Section 19 of the Administrative Tribunals Act, 1985. Thereafter, a miscellaneous application was filed by the applicants seeking permission of this Tribunal to join together and the same was allowed.
2. Facts of the case as averred in the O.A. are that Jammu and Kashmir Services Selection Board (respondent no. 3) issued an advertisement No. 04 of 2020 dated 16.12.2020 for various posts, totaling 1700, in different departments including 24 posts of Junior Librarians for each Division in the Department of Culture of Jammu and Kashmir. The qualification prescribed in the advertisement no. 04 of 2020 dated 16.12.2020 (item no. 048 and 049), was B.A./B.Sc./B.Com. with ‘Certificate Course in Library Science’ in terms of J&K Libraries Non-gazetted (Library Wing) Service Rules, 1989.
2.1 It is further averred that the Certificate Course in Library Science was offered by the Department of Library and Information Science, University of Jammu when it was established in 1971 and this course was discontinued in the year 1983-84 and ‘Bachelor in Library Science’ was introduced and from 1985-86, the ‘Master in Library Science and Ph.D. Programme’ was also started. Similarly, the University of Kashmir, Srinagar is also not offering the certificate course in Library Science.
2.2 It is also averred in the O.A. that the applicants are holding the degree of Bachelor of Information and Library Science (B. Lib.) from University of Jammu, IGNOU and other recognised universities in addition to holding B.A./B.Sc./B.Com./B.C.A. degrees. Some of them are even holding Post-Graduate degree of M.Lib. The basic qualification for undertaking the course of B.Lib. is graduation, whereas the Certificate Course in Library Science is available to class 12th pass-outs, the latter as offered through IGNOU.
2.3 It is also averred that the Bachelor’s and Master’s degree in ‘Library and Information Science’ has been proposed as the qualification of the direct recruitment to the post of Junior Librarian in the draft J&K Libraries Non-Gazetted (Library Wing) Service Rules of 2020. B.Lib and M.Lib. are higher degrees than a Certificate Course in Library Science. The Standing Committee constituted vide Government Order No. 1384-GAD of 2018 dated 12.09.2018 for the purpose of determining the equivalence of degree/qualifications in different streams, discussed in detail in its meeting held on 01.07.2021, the issue whether the ‘Bachelor’s degree in Library Science’ and ‘Bachelor’s degree in Library and Information Science’ are equivalent to the qualification prescribed for the post of Junior Librarian as advertised by Notification No. 04 of 2020 dated 16.12.2020, namely- B.A./ B.Sc./B.Com. with Certificate Course in Library Science (8 to 9 months’ course). The Standing Committee decided that the ‘Bachelor’s degree in Library Science’ and ‘Bachelor’s Degree in Library and Information Science’ is a superior degree in comparison to the Certificate Course in Library Science (8 to 9 months’ course) and can be considered for employment to the post of Junior Librarian by treating it as an equivalent qualification. Based on the decision of the Standing Committee, the indenting Department, i.e., the Department of Culture, Jammu and Kashmir communicated to the respondent No. 3 vide letter dated 14.07.2021 clarifying that the applicants possessing ‘Bachelor’s degree in Library Science’ and ‘Bachelor’s degree in Library and Information Science’ be considered for the post of Junior
