Central Administrative Tribunal - Delhi
Unknown vs Union Of India on 15 April, 2010
Central Administrative Tribunal Principal Bench, New Delhi TA No.17/2010 New Delhi, this the 15th day of April, 2010 Honble Mrs. Meera Chhibber, Member (J) Honble Dr. Ramesh Chandra Panda, Member (A) Ms. Hema Rani, R/o House No.380, Block No.02, Trilok Puri, Delhi-110091. Applicant. (By Advocate : Shri V. Shekhar) Versus Union of India, Through Secretary, Department of Personnel and Training, New Delhi. The Chairperson, Staff Selection Commission, Department of Personnel & Training, Block No.12, C.G.O. Complex, Lodhi Road, New Delhi-110003. . Respondents. (By Advocate : Shri I.S. Kohli for Shri A.K. Sharma) ORDER
Dr. Ramesh Chandra Panda, Member (A) Ms. Hema Rani, the Applicant herein applied for the post of Statistical Investigators Grade-IV consequent to the advertisement in the national dailies for the SSC Statistical Investigators Examination in the year 2005. She successfully cleared the examination and was short listed for interview and as she was interviewed on 20.01.2006 for the year 2006. The Respondents again advertised for the SSC Statistical Investigators Examination-2007 in which it was also indicated that Bachelors Degree with statistics as one of the main subjects would the educational qualification for the said post . The advertisement copy is at Annexure C. She wrote the examination also for the Statistical Investigators Grade IV in the year 2007, which she cleared and was called for the interview on 17.12.2007. In the said interview letter, it was mentioned that the educational qualification was Bachelors Degree with Statistics. A copy of the said letter is at Annexure D. She appeared for the interview on 17.12.2007. However, the Respondent No.2 vide his letter dated 14.01.2008 (Annexure E) communicated her that she did not possess the requisite educational qualification for the said examination, as per the notice and, therefore, her candidature was cancelled. Consequently, being aggrieved by the said communication, the Applicant moved a Writ Petition in WP(C) No.1719 of 2008 with the following prayers :-
Issue a Writ of mandamus in favour of Petitioner and against respondents by which directing the respondent no.1&2 to acknowledge that the petitioner fulfils the eligibility criteria of the SSC exam conducted by the respondents by having completed her bachelors degree with statistics as a main subject, Direct the respondents no.1&2 to declare the petitioner as having successfully completed the examination conducted by SSC.
Direct Respondents No.1&2 to publish the name of the Petitioner in the final list of selected candidates, Issue any other or further order(s) as this Honble Court deems fit and proper in the facts and circumstances of the case in the interest of justice.
2. The Respondents were issued notice by the Honble High Court of Delhi on 13.03.2008 and the following orders were passed :-
W.P.(C) No.1719/2008The grievance of the petitioner is that she has a degree of business statistics from Jamia Milia University and the syllabus of the said subject is almost identical to the syllabus for the statistics except the concept of hypothesis required by the respondent for eligibility to the posts of Statistical Investigator. The learned counsel contends that B.Com(Hons) and B.Com (Pass) students of Delhi University although have not studied these concepts are eligible for the post of Statistical Investigator.
Issue show cause notice to the respondents as to why rule nisi be not issued. Mr. A.K.Sharma accepts notice and seeks time to file the reply. Reply be filed within four weeks. Rejoinder, if any, within four weeks thereafter.
List on 10th July, 2008.CM No.3323/2008
Issue notice to the respondents. Mr. A.K. Sharma accepts notice and seeks time to file the reply. Reply be filed within four weeks.
List on 10th July, 2008.
Considering the facts and circumstances the respondents are directed to keep one post of Statistical Investigator till the next date of hearing.
Dasti. The interim relief granted to the Applicant on 13.03.2008 has been continuing.
3. Consequent to the transfer of service related disputes by the Central Government Notification Under Section 14(a) of Central Administrative Tribunals Act, 1985, WP(C) No.1719/2008 was transferred by the Honble High Court to this Tribunal, which has been taken on record as TA No. 17 of 2010. On 08.04.2010, we finally heard the case.
4. Shri V. Shekhar, learned counsel for the Applicant took us through the background of the case and contended that the educational qualification, as published in the newspapers while advertising the post for the SSC examination for Statistical Investigators, was mentioned to be Bachelors Degree with statistics as one of the main subjects. His contention is that the Applicant fulfills the said educational qualification, as she has studied Statistics as a main subject in her Bachelors Degree in International Business and Finance (Hons.) from Jamia Milia Islamia University. Drawing our attention to the Annexure A (Colly), he mentioned that the Applicant has secured excellent marks in all the three years of her degree course and also in the Statistics. Having studied statistics as a main subject in her Bachelors Degree, the Respondents have not properly examined her certificates and have declared her unfit on the grounds of not possessing the requisite educational qualification. He also drew our attention to the Certificate and Marksheets available at Annexure A (Colly) to submit that she had Business Statistics as a main subject and has secured 69% of marks. It was also stated that Head of Department of Commerce and Business Studies of the said University has given a Certificate dated 14.01.2008 (Page 34) to state that the Business Statistics is one of the main subjects in three years Bachelors Degree in International Business and Finance and the said Business Statistics course contains all the relevant features of Statistics. He also drew our attention to the Annexure G of the paper book to say that the Association of Indian Universities had clarified that the Applicant having studied Business Statistics, she met the prescribed educational eligibility qualification, as per the advertisement for the post of Statistical Investigator. The Applicant has represented to the Assistant Director, SSC in her letter dated 15.01.2008 requesting them to re-consider the issue that she possessed requisite educational qualification for the post of Statistical Investigator Grade-IV, as per the advertisement and, therefore, she should be appointed on the said post. She followed up the same with the letter to the Chairperson of the SSC vide her letter dated 21.03.2008 (page 38). Therefore, Shri V. Shekhar, counsel for the applicant submitted that she possessed the prescribed educational qualification and, therefore, Transfer Application should be allowed with the directions to the Respondents to appoint her to the post of Statistical Investigators Grade IV.
5. On the contrary, Shri I.S. Kohli, the learned counsel on behalf of Shri A.K. Sharma representing the Respondents submitted that as per the advertisement for the post of Statistical Investigator, the prescribed educational qualification gave specific alternatives of Bachelors Degree with Statistics viz Bachelors Degree with Mathematics with Statistics as a paper studied in one year or two years or all the three years, as the case may be as one of the main subjects or Bachelors Degree with Economics or Bachelors Degree with Commerce. She did not possesses any of the four degrees. She has the Bachelors Degree in International Business and Finance. Therefore, the Statistics that she had studied as part of the Business Statistics could not be considered as equivalent to the prescribed educational qualification. On this ground alone she has not been selected for the post of Statistical Investigator Grade IV and her candidature was cancelled.
6. Having heard the rival contentions, we have also perused the pleadings.
7. The short issue that comes for our adjudication in this case is whether the Business Statistics studied by the Applicant in Jamia Milia Islamia University in getting the degree of a Bachelor of International Business Finance is equivalent to the educational qualification prescribed in the advertisement by the Respondents for the post of Statistical Investigators Grade IV?
8. The advertisement at Annexure C for the SSC Statistical Investigators Grade IV examination provides the educational qualification. The same reads as follows :-
EDUCATIONAL QUALIFICATION ( As on 16.03.2007 i.e., normal closing date) Bachelors Degree with Statistics as one of the main subjects, or Bachelors Degree with Mathematics (with Statistics as a paper studied in one year/two years/ all the three years as the case may be) as one of the main subjects, or Bachelors Degree with Economics (with Statistics as a paper studied in one of year/two years/all the three years as the case may be) as one of the main subjects, or Bachelors Degree with Commerce (with Statistics as a paper studied in one year/ two years/ all the three years as the case may be) as one of the main subjects.
NOTE-I : Candidates, who are not Graduate as on the stipulated date, are not eligible and need not apply for the post, NOTE-II : All candidates who are declared qualified by the Commission for taking the interview will be required to produce proof of passing the requisite Examination as a result of which the candidate has claimed to be educationally qualified on the date mentioned above, at the time of interview , failing which the candidature of such candidates will be cancelled by the Commission.
9. In the pleadings, the Applicant has enclosed a copy of the letter sent by the Head of the Department of Commerce and Business Studies of the said University which reads as follows :-
TO WHOM IT MAY CONCERN This is to certify that Business Statistics is one of the main subjects in three years Bachelor Degree, Bachelor of International Business and Finance being run by this Department. This Business Statistics course contains the features of Statistics.
10. Further, on her representation, the Association of Indian Universities, Section Officer (Evaluation) has given a letter to the Assistant Director, Staff Selection Commission dated 14.01.2008, which reads as follows :-
The Asstt. Director, Staff Selection Commission (NR) Deptt. Of Personnel and Training Block No.12, CGO Complex, Lodhi Road, New Delhi-110003.
Dear Sir, This has reference to an enquiry of MS. HENA on the parity of qualification for appointment to the post of Statistical Investigators.
As per the copies of the certificates submitted to us, the candidate Ms. Hema Rani had passed 12 years Senior School Certificate Examination from CBSE, Delhi in 2000. She has further obtained 3 years Bachelor of International Business Finance degree from Jamia Milia Islamia, New Delhi, a Statutory University with Business Statistics as one of the main subjects.
Prof. A Aziz Ansari, Head, Department of Commerce and Business Studies, Jamia Milia Islamia, New Delhi vide his letter dated 14th January, 2008 has clarified that :
This is to certify that Business Statistics is one of the main subjects in three years Bachelor Degree, Bachelor of International Business and Finance being run by this Department. This Business Statistics course contains the features of Statistics. In the context of the clarification given by the Head Deptt. Of Commerce and Business Studies, JMI, New Delhi, the candidate meets the prescribed eligibility qualifications. Thanking you, Yours faithfully, (IP Goel) Section Officer (Evaluation) Copy to :
Ms. Hema Rani, 2/380, Trilokpuri, Delhi-110091 for information. (IP Goel) Section Officer (Evaluation)
11. Admittedly the Applicant has a Bachelors Degree from Jamia Milia Islamia University. Though the Degree is Bachelor Degree in International Business and Finance, it has one of the main subjects as Business Statistics. The Additional Affidavit filed by the Applicant has a copy of the prospectus of the Department of Commerce & Business Studies at Annexure PA-1 which encloses syllabus on the subjects taught and suggested readings in Business Statistics (BIBF-III). The objective of the BIBF-III Business Statistics course envisages The objective of this paper is to acquaint students with application of statistical tools in the area of business decision making. A conceptually basic and pedagogical sound source is designed to provide the beginner with an insight into basics of statistics thereby equipping the student with a working knowledge of the subject : What it is, how and when to apply statistical techniques to decision making situations. The syllabus gives 7 categories and 5 suggested readings. The counsel for the Applicant contended that these were sufficient for educational background in statistics which was equivalent to the Statistics taught in any other Bachelors Degree course, making the Applicant to join as Statistical Investigator Grade IV.
12. In view of the above position, during the hearing, on a question put to the counsel for the Respondents as to whether, the Business Statistics studied as a part of the Bachelors Degree in International Business and Finance has been considered by any expert group, to find whether it is equivalent to the Statistics as prescribed in the advertisement for the post of the Statistical Investigator-Grade IV, the counsel reported to the Bench that the plain reading of the Degree in Statistics and Degree in Business Statistics reveal the difference. The main subject of the Applicant being different from the Statistics, the same has been considered as the dis-qualification for the Applicant. Whether the Business Statistics is equivalent to the statistics as per the educational qualification and whether the Bachelors Degree in International Business and Finance are equivalent to the Bachelors Degree with Commerce, as indicated in the advertisement has not been properly verified through any Group/Committee. In view of the admitted position by the Respondents that there was no comparison to find out whether the Bachelors Degree obtained by the Applicant in which Business Statistics forms part of the curriculum which provides basic facts of statistics, we thought it appropriate to refer the same to an expert body to examine the Applicants Degree and Business Statistics as main subject therein to find out their equivalency in terms of the Degree for the post of Statistical Investigators Grade-IV. As these aspects of equivalency have not been examined by the Respondents, the counsel for Respondents submitted that an opportunity should be given to the Respondents to examine through an expert group whether the educational qualification possessed by the Applicant meets and is equivalent to the educational qualification prescribed in the advertisement of the post of Statistical Investigator Grade IV.
13. Taking into account the above facts and circumstances of the case, we direct the Respondent No.1 to constitute a three Member Expert Group in the subject drawing a Member from (i) University Grants Commission, (ii) Jamia Milia Islamia and (iii) Delhi School of Economics. This Expert Group should look into all aspects of the Applicants qualification in so far as the requirements of educational qualification for the post of Statistical Investigator Grade IV is concerned and submit its report to the Chairperson SSC (Respondent No.2), who after going through the recommendations, pass a specific, speaking and reasoned order as to whether the Applicants educational qualification fulfills and is equivalent to the Educational Qualification prescribed in the advertisement for the post of Statistical Investigator Grade IV Examination - 2007. In case a conclusion arrived by the Expert Group reveals that the Applicants educational qualification is equivalent to the educational qualification prescribed in the advertisement and the order of Respondent No.1 accepts the same, she would be entitled to be selected if otherwise eligible, and posted as per her rank as Statistical Investigator Grade IV. Consequently, she would get her seniority in the list of the candidates selected for the Examination 2007 and would be granted the seniority w.e.f. the date on which her immediate junior had joined the post. However, it is made clear that in such an event, no salary and allowances would be admissible to her from that date till the date she actually joins the post. This exercise shall be completed within a period of 4 months from today. The interim order shall remain in force till the final orders are passed by the Respondents.
14. In terms of our above directions to the Respondents, this T.A. is disposed of leaving the parties to bear their respective costs.
( Dr. Ramesh Chandra Panda ) ( Mrs. Meera Chhibber )
Member (A) Member (J)
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