Gauhati High Court
Gaurab Dutta vs The Indian Oil Corporation Ltd And Anr on 1 April, 2025
Author: Suman Shyam
Bench: Suman Shyam
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GAHC010046872019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1625/2019
GAURAB DUTTA
S/O SRI DILIP KUMAR DUTTA, PERMANENT R/O RANI BAGAN, HOUSING
COMPLEX, PASUPATI APTS, FLAT NO. 101, BELTOLA TINIALI, KAMRUP
(M), ASSAM, PIN.-781028
VERSUS
THE INDIAN OIL CORPORATION LTD AND ANR.
REP. BY THE CHAIRMAN CUM MANAGING DIRECTOR, INDIAN OIL
BHAWAN, LODHI ROAD, NEW DELHI- 110011
2:THE GENERAL MANAGER (HUMAN RESOURCES DEPTT.)
INDIAN OIL CORPORATION LIMITED
SADIQ NAGAR
NEW DELHI- 11004
Advocate for the Petitioner : MR. B PATHAK, MR. R THADANI,MR H K GOGOI
Advocate for the Respondent : MR. M K CHOUDHURY, MR P BHARDWAJ,MR. N BARUAH
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
Date of hearing : 01.04.2025.
Date of judgment : 01.04.2025.
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JUDGMENT & ORDER (Oral)
Heard Mr. B. Pathak, learned counsel appearing for the writ petitioner. Also
heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. R. Gohain, learned
counsel appearing for the respondents.
2. The writ petitioner herein had completed his Post Graduate Diploma (PGDM)
in Global Business Operation (GBO) from Shri Ram College of Commerce affiliated to
the University of Delhi. In the month of November, 2017 the Indian Oil Corporation
Limited i.e. the respondent No.1 herein, had issued an advertisement notice inviting
candidature from dedicated professionals in the field of Marketing Management .
The educational qualification laid down by the advertisement notice for recruitment
of Marketing Management professionals is as follows :-
"1.1.1. 2 year full-time regular course leading to Post Graduate Diploma
(PGDM)/Masters Degree in Business Administration (MBA) or equivalent
with specialization in Marketing Management or an equivalent
qualification from a recognized Indian University/Institute."
The writ petitioner being a Post Graduate Diploma holder in Global Business
Operation had submitted his application for the post of Marketing Professional in the
IOCL. After completion of the selection process, the authorities had published the
results. However, vide communication dated 10.01.2019 issued by the General
Manager (HRD) i.e. the respondent No.2, the petitioner was informed that his result of
the recruitment exercise is being withheld for want of clarification as to whether, the
Post Graduate Diploma in Global Business Operation programme is equivalent to
MBA (Marketing) or not. Aggrieved by the communication dated 10.01.2019 the writ
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petitioner has approached this Court by filing the present writ petition.
3. On 13.03.2019 this Court while issuing notice to the respondents had passed an
interim order directing the respondent authorities to keep one post of Marketing
Professional vacant. Accordingly, one post has been kept vacant by the IOCL
authorities.
4. It appears that the respondent No.2 had earlier issued a communication to
the Registrar of University of Delhi on 04.12.2018 making certain queries pertaining to
the Post Graduate Diploma in Global Business Operation obtained by the writ
petitioner with a request to confirm the following :-
"1. Whether the program in PGD in GBO is equivalent to MBA/Marketing.
2. Whether the program in PGD in GBO is recognized by UGC."
5. Accordingly, the matter was forwarded to Shri Ram College of Commerce. By
the Communication dated 19.12.2018 issued by the Principal of Shri Ram College of
Commerce (University of Delhi) the respondent No.2 was informed as follows :-
"1. Post Graduate Diploma in Global Business Operations (GBO) Programme
is not equivalent to MBA (Marketing) but its course curriculum has
specialized subjects in Marketing.
2. Regarding its recognition by UGC, it is course of University of Delhi
[Ordinance AC resolution no.A.C.(3)-23-1-1999 & E.C. resolution no.E.C.
(1)-30-4-1999] since 1999."
6. From the above communication it is, thus, apparent that the Post Graduate
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Diploma in Global Business Operation (GBO) obtained by the writ petitioner from Shri
Ram College of Commerce is not equivalent to MBA(Marketing). Mr. Pathak, learned
counsel for the petitioner has, however, strenuously argued that the question is not as
to whether, the Post Graduate Diploma in Global Business Operation held by the writ
petitioner is equivalent to MBA (Marketing) but as to whether, the same is equivalent
to a two year full time regular course leading to Post Graduate Diploma specialized in
Marketing Management or an equivalent qualification as per Clause 1.1.1. of the
advertisement notice. The learned counsel further submits that since the correct
query was not made by the IOCL authorities, hence, an irrelevant answer was
provided by the Shri Ram College of Commerce, which did not address the issue
raised by the petitioner.
7. Mr. Choudhury, learned senior counsel for the IOCL, on the other hand, has
argued that the respondents had made relevant queries with the authorities based
on the claim of the petitioner. The learned senior counsel has further argued that
after the lapse of more than 5 (five) years since the issuance of the advertisement
notice, the question of engaging the petitioner at this point of time may not arise in
the eyes of law.
8. I have considered the submissions made at the Bar and have also gone
through the materials available on record.
9. At the very outset, it will be relevant to point out herein that although the writ
petitioner has claimed that he is holding a Post Graduate Diploma in Global Business
Operation (GBO) issued by Shri Ram College of Commerce under University of Delhi,
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no such certificate has been annexed with the writ petition.
10. The question of equivalence of a particular diploma/ degree with another lies
in the domain of experts, which in a case like this, would be the authorities such as
UGC, AICTE etc. However, the writ petitioner has not impleaded any of those
authorities in the writ petition. Under the circumstances, considering the materials
available on record, it is not possible for this Court to give any decision on the
question of equivalence of Post Graduate Diploma (GBO) obtained by the petitioner
with other PGDM, as per the advertisement notice.
11. This Court has also noticed that the question as to whether, the Post Graduate
Diploma in Global Business Operation (GBO) is equivalent to any other Post Graduate
Diploma in Marketing Management has not been specifically addressed either by the
University of Delhi or the Shri Ram College of Commerce. If the Post Graduate
Diploma held by the petitioner is indeed equivalent to any other Post Graduate
Diploma in Marketing Management offered by a recognised University, then in that
event, it will be unjust to deny appointment to the petitioner as a Marketing
Professional merely for not fulfilling the requirement of educational qualification.
12. At the same time after a lapse of more than 5 years since the advertisement
was issued, it is not clear as to whether the petitioner, would at all be interested to join
as a Marketing Professional under the respondents at this point of time. Situated thus,
this Court is not inclined to issue any writ of mandamus in favour of the petitioner.
13. However, the petitioner is granted liberty to produce relevant documentary
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evidence before the authorities in the form of a representation establishing that the
Post Graduate Diploma in Global Business Operation program undergone by him is
equivalent to Post Graduate Diploma in Marketing Management offered by any
recognized University/Institution in India. If such a representation, accompanied by a
copy of this order, is submitted by the petitioner before the respondents within two
weeks from today, the same may be examined in accordance with law and dispose
of by a reasoned order. Until such time the above exercise is completed, the interim
order dated 13.03.2019 passed in this case will continue to hold the field.
With the above observation, the writ petition stands disposed of.
The parties to bear their own cost.
JUDGE
T U Choudhury/Sr.PS
Comparing Assistant
