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Kuldeep vs Delhi Subordinate Services ...
2021 Latest Caselaw 2070 Del

Citation : 2021 Latest Caselaw 2070 Del
Judgement Date : 4 August, 2021

Delhi High Court
Kuldeep vs Delhi Subordinate Services ... on 4 August, 2021
                          $~14 (2021)
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                              Date of decision: 04.08.2021

                          +       W.P.(C) 7742/2021, CM APPL. 24179-80/2021
                                  KULDEEP                                    ..... Petitioner
                                                  Through: Mr. L.K. Singh, Advocate.

                                                            versus

                                  DELHI SUBORDINATE SERVICES SELECTION BOARD &
                                  ANR.                                   ..... Respondents

Through: Mrs. Avnish Ahlawat, Standing Counsel with Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh and Ms. Palak Rohmetra, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE TALWANT SINGH

RAJIV SHAKDHER, J.: (ORAL) [Court hearing convened via video-conferencing on account of COVID-19]

1. This writ petition is directed against the order dated 24.06.2021 passed by the Central Administrative Tribunal (in short „the Tribunal) in O.A. No.1144/2021.

2. The grievance of the petitioner is that, although, he fulfilled the essential qualifications, as stipulated qua the subject post in the advertisement issued by respondent no.1/DSSSB, he was not considered. 2.1. To be noted, the essential qualifications for the post of Statistical Assistant (in short „SA‟), are as follows:

Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24 "Educational Qualification: Essential: 1. Post Graduate Degree in Statistics/Operational research/Mathematical Statistics/Applies statistics or Post Graduate Degree in Economics/Mathematics/Comme rce (with Statistics as one of the subject/ papers in Post Graduation/Graduation level)."

2.2. Concededly, the petitioner has a degree in Masters of Business Administration (MBA).

2.3. According to Mr. L.K. Singh, who appears on behalf of the petitioner, the petitioner had, in fact, enrolled for a degree in Masters of Business Economics (MBE), which was restructured as MBA. For this purpose, Mr. Singh relies upon the University Grants Commission (UGC) notification of March 2014, which is appended on page 109 of the paper book. 2.4. Furthermore, Mr. Singh also relies upon the corrigendum dated 11.08.2017, issued by respondent no.1/DSSSB in furtherance of the aforementioned advertisement. The relevant part, on which reliance is placed, reads as follows:

"1.Statistical Assistant (post code 04/17):- A note below the Essential Qualification is inserted as under: „the candidate who have passed Statistics as one of the papers/subjects including Quantitative Method/Techniques or Costing & Statistics/Basic Statics/Business Statistics/introduction to Statistics etc. at Graduation/Post Graduation level are also eligible."

2.5. It is, thus, Mr. Singh‟s contention that, since the petitioner had statistics and data analysis as also quantitative techniques in management as one of his papers, he ought to have been considered eligible for the subject post.

Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24

3. In our view, the contention advanced by Mr. Singh, on behalf of the petitioner, cannot be sustained.

3.1 A close perusal of the essential qualifications, qua the subject post, would show that, neither MBE nor the restructured course, i.e., MBA falls within the essential qualifications. Hence, the fact that the petitioner had statistics and data analysis and quantitative techniques in management as his papers would not suffice. The corrigendum dated 11.08.2017 only expands the scope of the essential qualification(s) to limited extent, inasmuch as the requirement to have "statistics" as a subject at the postgraduation/graduation level would include "Quantitative Method/Techniques or Costing & Statistics/Basic Statics/Business Statistics/introduction to Statistics etc."

4. In view of the above, we are of the opinion that, no interference is called for with the impugned order.

5. The writ petition is, accordingly, dismissed. The pending applications shall also stand closed.

RAJIV SHAKDHER, J

TALWANT SINGH, J AUGUST 4, 2021 pa Click here to check corrigendum, if any

Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24

 
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