Citation : 2025 Latest Caselaw 5639 Tel
Judgement Date : 23 September, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT APPEAL No.805 of 2025
JUDGMENT:
Heard Mr. Siripuram Kaumud, learned counsel for the
appellant and Mr. B.Narasimha Sharma, learned Additional
Solicitor General representing Mr. G.Venkateshvarlu, learned
Central Government Counsel for the respondents.
2. By order dated 29.07.2025, learned Central
Government Counsel for the respondents was allowed time to
seek instructions as to whether any post under the
advertisement is still vacant and whether respondent
No.2/employer has constituted an Expert Committee to
examine the equivalence of these two qualifications. Later
when the matter was taken up on 12.08.2025, the following
order was passed:
"Mr. Siripuram Kaumud, learned counsel for the appellant.
Mr. G.Venkateshwarlu, learned Standing Counsel for Central Government appears for respondents No.1 to 4.
Pursuant to the order of this Court dated 29.07.2025, learned counsel for the respondents has received instructions that the posts advertised are still vacant. However, respondent No.2- employer has not constituted any expert committee to examine the equivalence of the two courses i.e., Integrated M.Sc. Earth Sciences and Integrated M.Sc. Applied Geology.
We are of the opinion that in order to determine the question of equivalence of the two courses i.e., Integrated M.Sc. Earth Sciences and Integrated M.Sc. Applied Geology, the opinion of the expert committee would be of assistance. As such, since the posts advertised are still vacant, it would be in the fitness of things that respondent No.2- employer constitutes an expert committee to examine whether the qualification of Integrated M.Sc. Earth Sciences obtained by the appellant from the University of Hyderabad is equivalent to the qualification for the post advertised such as Integrated M.Sc. Applied Geology.
Appellant shall produce the complete curriculum of the courses advertised and the course, which the appellant has pursued before the respondent No.2- employer, for due consideration within a period of one week.
Let such a decision of the expert committee be placed on record within a period of four weeks.
In the meantime, one post of Research Assistant in respondent No.2- organization as notified in the advertisement dated 24.09.2021 be kept vacant.
List the case on 23.09.2025."
3. Today when the matter has been taken up, learned
Additional Solicitor General of India has produced the copy
of the Expert Committee Opinion dated 19.09.2205. The
Expert Committee was constituted to examine the
equivalence of the two qualifications Integrated M.Sc in
Earth Sciences which the petitioner claims to have possessed
with that of Integrated M.Sc in Applied Geology as notified in
the advertisement. The Expert Committee has, after due
consideration, opined that the Integrated M.Sc. in Earth
Sciences degree of the University of Hyderabad is equivalent
to the integrated M.Sc. in Applied Geology. The opinion of
the Expert Committee is extracted hereunder:
"The Expert Committee considered the equivalence of two courses i.e. Integrated M.Sc. in Earth Sciences obtained by the appellant from the University of Hyderabad and Integrated M.Sc. in Applied Geology, which is an essential qualification for the advertised post of Research Assistant in NATMO. On scrutiny of the curriculum, the expert committee opines that -
The integrated M. Sc. Earth Sciences degree of the University of Hyderabad is equivalent to the Integrated M.Sc. in Applied Geology."
4. This was the opinion of the University also which
granted the equivalent certificate in favour of the appellant
on 26.09.2023 at Page No.42, which reads as under:
"EQUIVALENT CERTIFICATE
This is to certify that Mr. AZARUDDIN DEGALAPADU (Reg. No 14IEMS08) has successfully completed 5-year Integrated M.Sc. Earth sciences course in 2019 which subsequently renamed as IM.Sc. Applied geology as the course contents of both the programs were similar and geology has been a subject in all years of IMSc Earth Science. Integrated M.Sc. Earth Sciences is equivalent to Integrated MSc Applied Geology."
5. Learned counsel for the appellant submits that in the
light of the opinion of the Expert Committee, the respondents
may be directed to offer appointment to the post of Research
Assistant in the National Atlas and Thematic Mapping
Organisation, Kolkata since the posts are also vacant.
6. Learned Additional Solicitor General of India submits
that appropriate direction may be issued upon the
respondent authority to consider and offer appointment in
favour of the petitioner subject to other conditions fulfilled as
per the advertisement in question.
7. On consideration of the submissions of learned counsel
for the parties and the developments which have taken place
during pendency of the application, we are of the view that
the rejection of the candidature of the petitioner on the
ground that he did not possess the qualification prescribed
under the advertisement for appointment to the post of
Research Assistant in the National Atlas and Thematic
Mapping Organisation, Kolkata was not proper. The Expert
Committee constituted by the National Atlas and Thematic
Mapping Organisation, Kolkata pursuant to the directions of
this Court has itself opined that the Integrated M.Sc in Earth
Sciences degree of the University of Hyderabad is equivalent
to the Integrated M.Sc in Applied Geology. In the order dated
12.08.2025, it was taken note that the posts advertised are
still vacant. Therefore, the respondents are directed to
consider the case for appointment of the petitioner to the
post of Research Assistant in the National Atlas and
Thematic Mapping Organisation, Kolkata in terms of the
advertisement dated 24.09.2021 subject to fulfilment of other
prescribed conditions therein within a period of four weeks
from the date of receipt of copy of this order. The impugned
rejection order dated 22.09.2023 is set aside. The impugned
order dated 02.04.2025 rendered by learned Single Judge in
W.P.No.28812 of 2023 is also set aside.
8. The Writ Appeal is, accordingly, allowed. However,
there shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand
closed.
______________________________________ APARESH KUMAR SINGH, CJ
______________________________________ G.M.MOHIUDDIN, J
Date: 23.09.2025 KL
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