Ayaz Akhtar Hussain vs The State Of Madhya Pradesh
2022 Latest Caselaw 3842 MP

         THE HIGH COURT OF MADHYA PRADESH
                    WA No. 1 of 2022
       (AYAZ AKHTAR HUSSAIN Vs THE STATE OF MADHYA PRADESH AND OTHERS)



Gwalior Bench:
Dated :21.03.2022

      Shri S.K. Jain, learned counsel for the appellant.

      Shri Ankur Mody, learned Additional Advocate General for the

respondent/State.

This intra-court appeal is directed against the order dated

09.09.2021 in W.P. No.5922/2017. The petitioner, one of the aspirants

appears to have applied for the post of Statistical Investigator. The

qualification prescribed therefor in the advertisement is quoted by the

learned Single Judge in para 8 of the judgment and the same for ready

reference is reproduced herein:-

S.No. Name of Posts           Prescribed age limit       Educational Qualification
                       Minimum              Maximum

  5      Statistical   21 years              40 years   1).      Graduate degree in
        Investigator                                    any one subject and
                                                        Statistics as a compulsory
                                                        subjects:
                                                            1. Statistics
                                                            2. Mathematics
                                                            3. Commerce
                                                            4. Sociology
                                                            5. Social Work
                                                            6. Economics
                                                        2). Diploma in Computer
                                                        Application.

Undisputedly, the petitioner has the qualification of B.Sc. in

Information Technology with following subjects:-

"4033- FUNDAMENTALS OF COMPUTER & INFORMATION TECHNOLOGY 4034- PROGRAMMING METHODOLOGIES USING C. 4035- OPERATING SYSTEMS (LINUS, WINDOW-98 AND WINDOWS-NT) THE HIGH COURT OF MADHYA PRADESH WA No. 1 of 2022 (AYAZ AKHTAR HUSSAIN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

4036- BASIC ELECTRONICS-I 4037- FUNDAMENTALS OF MATHEMATICS-I (ADV, CALCULUS & MATRICES) 4038- COMPUTER LAB-I, O.S. & PC PACKAGES 4039- COMPUTER LAB-II, C PROGRAMMING 4040- INTERNAL ASSEMENT"

as well evident from Annexure P/6 to P/11; statement of marks of

Bachelor of Science in Information Technology, I to VI semester-B.Sc. in

Information Technology issued from Makhanlal Chaturvedi National

University of Journalism and Communication, Bhopal.

Learned counsel for the petitioner has made two folds submission-

firstly Mathematics is one of the subjects in B.Sc. in Information

Technology, therefore, he fulfilled the criteria of graduation degree in

Mathematics as per the prescribed qualification. Secondly, petitioner has

also opted for subject of Statistics. Besides, petitioner has also done

diploma in Computer Application, therefore, the learned Single Judge

failed to appreciate aforesaid qualifications while negating the claim of

the petitioner for appointment on the post of Statistical Investigator.

Per contra, Shri Ankur Mody, Additional Advocate General

submits that the qualification prescribed for the post of Statistical

Investigator is a Graduate degree in one subjects from 1 to 6 as specified

(supra). Petitioner is not graduate in any of the subjects instead he is

B.Sc. in Information Technology. Merely for the reason Mathematics has

been taught to the petitioner this by itself would not be read that he holds

degree of B.Sc. in Mathematics. That apart, there is no description that

petitioner has also studied Statistics in his B.Sc. curiculam as evident THE HIGH COURT OF MADHYA PRADESH WA No. 1 of 2022 (AYAZ AKHTAR HUSSAIN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

from the mark-sheet of B.Sc. Part -I semester quoted above and mark

sheet of subsequent semesters running from Annexure P/6 to P/11. As

such, petitioner cannot be said to have the educational qualification for

the post of Statistical Investigator. The learned Single Judge has rightly

concluded in that behalf and no exception thereto can be taken.

Heard.

Before adverting to rival contentions, it is expedient to observe

that the law is well settled that prescription of educational qualification

and eligibility condition is a preorgative of the employer while offering

employment particularly public employment. This Court under Aritcle

226 of the Constitution of India cannot interfere with such prescription

of qualifications unless the qualifications so prescribed offend Article 14

and 16 of Constitution of India or could be said to be tailor made. It

needs no mention that the opinion of the Court cannot substitute the

experts' opinion in the matter of prescription of educational

qualifications, eligibility conditions for a given post as they are in the

best position to ascertain the required educational qualification,

eligibility conditions. The arguments advanced by learned counsel for

the petitioner that as he has studied Mathematics as one of the subjects

while doing B.Sc. in Information Technology should be treated to be at

par with B.Sc. in Mathematics is misconcieved and cannot be

countenanced. That apart, petitioner has not studied Statistics while he

was prosecuting studies for B.Sc. in Information Technology as well THE HIGH COURT OF MADHYA PRADESH WA No. 1 of 2022 (AYAZ AKHTAR HUSSAIN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

evident from his mark-sheets from semster I to semester VI annexed as

Annexure P/6 to P/11.

Consequently, we are of the considered view that there is no

illegality in the impugned order and this writ appeal sans merit is hereby

dismissed.

                 (ROHIT ARYA)                     (MILIND RAMESH PHADKE)
                   JUDGE                                 JUDGE
neetu
    NEETU
    SHASHANK
    2022.03.25
    10:25:41
    +05'30'