Telangana High Court
Telangana State Public Service ... vs R Radhika on 2 December, 2021
Bench: Satish Chandra Sharma, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.562 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
02.04.2018 passed in W.P. No. 8928 of 2018 by the learned Single
Judge.
The facts of the case reveal that an advertisement was issued
by the appellants inviting applications for the post of Post Graduate
Teachers (Mathematics) and the respondent/writ petitioner
submitted his candidature. He participated in the process of
selection. However, no appointment order was issued in his favour.
He has secured 152 marks and he came up before this Court
saying that persons, who have secured less marks, were appointed
for the post of Post Graduate Teachers. The dispute in the present
case arose on account of essential qualification required under
Notification No.13 of 2017 issued by the Telangana Public Service
Commission. The advertisement, which is on record, in respect of
Post Graduate Teacher in Mathematics, is reproduced as under:
5 Post Graduate Mathematics/Applied
Teacher in Mathematics/Statistics/Applied
Machematics Statistics/Maths & Computer Science/A.O.
Maths (Acharya Nagarjuna University),
provided these candidates should have
studied the subject Mathematics at their
BA/B.Sc. level.
The qualifications required for the post of Post Graduate
Teacher in Mathematics makes it very clear that an individual
should have obtain B.A./B.Sc., degree with Mathematics, Applied
Mathematics, Statistics, Applied Statistics, Maths and Computer
Science as one of the subject.
Undisputedly, the respondent/writ petitioner has not
obtained B.A./B.Sc. degree. He has obtained a B.C.A. degree i.e.,
Bachelor of Computer Application that too Mathematics as one of
the subject only in the first year. In those circumstances, even
though he has secured higher marks, he has not granted
appointment. It is certainly true that the writ petitioner is having
M.Sc. (Mathematics) and Computer Science degrees and his
contention is that the M.Sc. (Mathematics) degree, which he has
obtained from Distance Education Programme, has been recognized
by the University Grants Commission and therefore, he is holding
higher qualification and he was entitled for appointment.
The learned Single Judge has held that the writ petitioner
fulfils the eligibility criteria of studying Mathematics at graduation
level. The qualification prescribed for the post of Post Graduate
Teacher (Mathematics) is very clear. A candidate, who has to be
appointed as Post Graduate Teacher, is required to pass
B.A./B.Sc., degree along with B.Ed., degree and this Court does not
have the expertise to declare a particular degree equivalent to some
other degree. Whether B.A./B.Sc. (Mathematics) is equivalent to
B.C.A. cannot be commented upon by this Court and it is only the
expert body like the University Grants Commission or the
Government/expert bodies, who can issue a certificate of
equivalence.
The writ petitioner though has obtained Mathematics degree
through Distance Education certainly does not hold the
qualification required under the advertisement and therefore, the
finding given by the learned Single Judge to the extent that the writ
petitioner fulfils the eligibility criteria of studying Mathematics at
graduation level as per the requisite qualification deserves to be set
aside and accordingly, set aside. The learned Single Judge has
granted a liberty to the writ petitioner to submit a representation to
the Telangana Public Service Commission and it has been brought
to the notice of this Court that the representation, which has been
submitted by the writ petitioner, has already been rejected.
Therefore, this Court is of the opinion that the order passed by the
learned Single Judge to the extent it has been held that the writ
petitioner is eligible in terms of the notification is set aside.
Accordingly, the writ appeal stands allowed.
Miscellaneous petitions, if any, shall stand closed. There
shall be no order as to costs.
__________________________________
SATISH CHANDRA SHARMA, CJ
______________________________
N. TUKARAMJI, J
02.12.2021
ES
