Delhi High Court
Pravesh Kumar & Ors. vs Delhi Subordinate Services ... on 27 September, 2021
$~35 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 27.09.2021
+ W.P.(C) 10945/2021 and CM APPL. 33744/2021
PRAVESH KUMAR & ORS. ..... Petitioners
Through: Ms. Amita Singh Kalkal, Advocate.
versus
DELHI SUBORDINATE SERVICES SELECTION BOARD &
ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
[PHYSICAL COURT HEARING]
RAJIV SHAKDHER, J. (ORAL):
1. This writ petition is directed against the order dated 26.03.2021,
passed by the Central Administrative Tribunal (in short, "Tribunal") in OA
No. 678/2021.
2. The petitioners had applied for the post of Statistical Assistant,
against advertisement no. 1/2017, issued by respondent no.1/DSSSB. The
subject post was allocated code no. 4/17.
2.1. Concededly, the petitioners before us have post-graduate degree,
albeit, in business administration i.e., Masters in Business Administration
(MBA), and seek appointment(s) to the aforementioned post.
3. The recruitment rules, which provided for essential qualification, qua
the subject post, read as follows:
"Educational Qualification:-
Essential:-Post Graduate degree in Statistics/Operational
Research/Mathematical Statistics/ Applied
Statistics or Post Graduate Degree in Economics /
Signature Not Verified
Digitally Signed W.P.(C)10945/2021 Page 1 of 3
By:VIPIN KUMAR RAI
Signing Date:01.10.2021
18:55:48
Mathematics/ Commerce (with Statistics as one of
the subject/ papers in Post-Graduation /
Graduation Level).
Note: The candidate who have passed Statistics as one of the
papers/ subjects including Quantitative Method/ Techniques
or Costing & Statistics / Basic Statistics / Business Statistics/
Introduction to Statistics etc. at Graduation / Post
Graduation Level are also eligible."
4. Learned counsel for the petitioners says that, since the petitioners are
holders of a post-graduate degree, and having passed paper(s) in Statistics, at
the graduation level as also at post-graduation level, they are eligible for
being considered for appointment to the subject post.
4.1 It is the submission of Ms. Amita Singh Kalkal, who appears for the
petitioners, that, post-graduate degree in Commerce i.e., Masters in
Commerce (M.Com.) is equivalent to an MBA degree.
4.2. The Tribunal has repelled this contention advanced on behalf of the
petitioners.
4.3. According to us, the Tribunal is right. The post-graduate degree in
Commerce i.e., M. Com cannot be equated with an MBA. In any event, in
our opinion, ascertaining equivalence between degrees and courses does not
fall, ordinarily, within the ken of the Court.
5. The other argument advanced is that, since the petitioners have
Statistics, as one of the papers(s) at graduation and/or post-graduation level,
this aspect ought to have been taken into account, while considering whether
or not the petitioners fulfilled the essential qualification criteria.
5.1. Since the petitioners did not possess the requisite post-graduation
degree, merely because they may had Statistics as a paper at the graduation
Signature Not Verified
Digitally Signed W.P.(C)10945/2021 Page 2 of 3
By:VIPIN KUMAR RAI
Signing Date:01.10.2021
18:55:48
and/or post-graduation level, in our view, would not suffice.
6. The writ petition is, accordingly, dismissed. Consequently, pending
application shall also stand closed.
RAJIV SHAKDHER, J.
TALWANT SINGH, J.
SEPTEMBER 27, 2021 / tr
Click here to check corrigendum, if any
Signature Not Verified
By:VIPIN KUMAR RAI
Signing Date:01.10.2021
18:55:48
