The Orissa High Court directed the respondents to consider the application of the petitioner along with another eligible candidate for the post of Assistant Manager and observed that the respondents had acted illegally, arbitrarily and over the authority and jurisdiction by rejecting the candidature of the petitioner on the ground the degree possessed by the petitioner is a professional degree

Brief Facts:

The petitioner filed a writ petition against the impugned order of the respondents which forfeited her application for the post of Assistant Manager on the ground that she possessed a professional degree instead of a simple graduation degree.

Contentions of the Applicant:

The learned counsel appearing for the petitioner contended that apart from having the required educational qualification for the post, the petitioner also belongs to the SEBC women category for which a post has been reserved under the advertisement. It was further contended that the petitioner had a legitimate expectation that she will be given an appointment against the advertised post as she was declared successful after participating in the written test and the interview.

It was further argued that the order forfeiting the candidature of the petitioner on the ground that she did not belong to the simple graduate category was highly illegal, irrational and unreasonable and the acquisition of higher qualification/ additional qualification/ dual qualification is more advantageous to the employer and in the absence of any restriction about educational qualification in the advertisement, the respondent exceeded his authority and jurisdiction and such an order was highly unreasonable and unsustainable in law.

It was further argued that the impugned order was issued to deprive the petitioner of her legitimate right and to give an appointment to another person who is less meritorious than the petitioner and the respondents were guilty of non-compliance with the principles of natural justice. It was further contended that the order violated Article 14 and Article 21 and reliance was placed on the judgment in Bhuban Mohan Behera vs. State of Odisha and Anr which held that rejection of the applicant’s higher qualification is bad in law.

Contentions of the Respondent:

The counter affidavit filed by the respondent stated that the application of the petitioner did not indicate that she had a degree other than science and after it was found that the petitioner possessed a professional degree, the respondents concluded that the same does not fulfil the educational qualification as prescribed.

Observations of the Court:

The court observed that Clause 6(III) provides for disqualification in respect of degrees or courses through distance mode and the same does not provide for any disqualification in the case of a professional degree. It was further stated that Clause 12(1)(A) stipulated that the candidate must have possessed prescribed general and technical qualifications and experience. The regulation does not debar the professional degree holders; rather, the same prescribes that the professional degree is in the shape of technical qualification and experience.

It was further observed that Regulation,2019 which has been approved by the government of Orrisa provides minimum qualification for direct recruitment and there was a conflict between the Regulation 2019 and the advertisement issued about the educational qualification. The court further stated that with the condition stipulated in Regulations, 2019 shall prevail and accordingly, the qualification prescribed in clause 6 is to be treated as a minimum qualification for direct recruitment to the required post.

The court further stated that in the absence of any bar in the Regulations, 2019 and the advertisement about a professional qualification, the respondents had acted illegally, arbitrarily and over the authority and jurisdiction by rejecting the candidature of the petitioner on the ground the degree possessed by the petitioner is a professional degree and as such she was ineligible to apply for the advertised post and accordingly her candidature had been illegally forfeited by passing an arbitrary order. It was further stated that having higher degrees or better qualifications per se would not debar the petitioner to apply for the post unless and until the same is specifically prohibited by the rules/regulations.

The decision of the Court:

The court allowed the petition and directed the respondents to consider the application of the petitioner along with any other eligible candidate in the given category.

Case Title: Subhashree Sundar Ray vs. State of Odhisa and Ors.

Coram: Hon’ble Mr. Justice A.K. Mohapatra

Case No.: W.P.(C) No.14640 of 2022

Advocate for the Applicant: Mr. R.C. Pradhan

Advocate for the Respondent: Mr. B.P. Tripathy, Mr. D. Mohapatra and Mr. P. Mohanty, Advocate

Read Judgment @LatestLaws.com

Picture Source :

 
Kritika