Rajasthan High Court - Jaipur
Monika Choudhary D/O Laxman Singh vs The State Of Rajasthan ... on 13 September, 2023
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
[2023:RJ-JP:22347-SB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10432/2021
1. Mithun Kumar Bargujder S/o Shri Ramesh Chand
Bargujder, Aged About 32 Years, R/o 191, Gote Walon Ki
Bagici, Transport Nagar, Jaipur, Rajasthan.
2. Manish Kumar S/o Shri Ram Kumar Verma, Aged About
26 Years, R/o Ward No. 2, Azad Market, Gothra, Khetri
Nagar, Tehsil Khetri, Dist. Jhunjhunu, Rajasthan.
3. Naresh Kumar Serawat S/o Shri Lalchand Serawat, Aged
About 29 Years, Khariya Ki Dhani, Ward No. 08, Harota,
Jaipur, Rajasthan.
4. Rakesh Kumar Yadav S/o Shri Girdhari Lal Yadav, Aged
About 30 Years, R/o Village Karni Sagar, Post
Chimanpura, Shahpura Dist. Jaipur, Rajasthan.
5. Rajesh Choudhari S/o Shri Ramrakh Choudhari, Aged
About 29 Years, R/o B-36, Moti Vihar Chak Gator, Pratap
Nagar, Sanganer, Jaipur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Agriculture, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Director, Department Of Agriculture, Shreeji Nagar,
Choti Chopad, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018
3. The Secretary, Rajasthan Staff Selection Board, State
Institute Of Agriculture Management Premises, Tonk
Road, Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan.
4. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Personnel, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
5. Ankit Gaud S/o Shri Subhash Chand, Aged About 27
Years, R/o Near Bhadurpur Road, Shastri Nagar, Tehsil
Ramgarh, Dist. Alwar, Rajasthan.
6. Kuldeep Singh S/o Shri Devi Singh, Aged About 25 Years,
R/o C-153, Sector-4, Sainki Basti, Churu, Rajasthan.
7. Vinod Kumar Yadav S/o Shri Harphool Yadav, Aged About
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22 Years, R/o Vpo Aaspura, Tehsil Srimadhopur, Dist,
Sikar, Rajasthan.
8. Prakash Saini S/o Shri Bajrang Lal, Aged About 27 Years,
R/o Near Ward No. 15, Sardar Sahar, Dist. Churu,
Rajasthan.
9. Omprakash Meena S/o Shri Lallu Prashad Meena, Aged
About 23 Years, R/o Vpo Indawa, Tehsil Lalsoth, Dist.
Dausa, Rajasthan.
10. Hemant Arora S/o Shri Rakesh Kumar, Aged About 24
Years, R/o Ward No.14, Vpo, Dholipal, District
Hanumangarh (Rajasthan)
11. Pappu Dayal Meena Son Of Shri Sitaram Meena, Aged
About 24 Years, R/o Village Dhamsya, Dhani Lamba Ki,
Tehsil Jamwaramgarh, Jaipur (Raj.)
12. Jevikant Sharma Son Of Shri Babu Lal Sharma, Aged
About 23 Years, R/o Chopra Dhani, Vpo Didwana, Tehsil
Lalsot, Dausa Rajasthan (Rajasthan)
13. Kuldeep Singh Son Of Shri Devi Singh, Aged About 26
Years, R/o C-153, Sector 4, Behind FCI Godam, Saini
Basti, Churu (Raj)
14. Alok Kumar Shrivastava Son Of Shri Ramesh Chandra
Shrivastava, Aged About 36 Years, R/o R/04, Aishwaraya
Colony, 132, Kvgss, Abas Nawa, City Nagaur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10433/2021
Chanchal Danodiya D/o Sitaram Danodiya, Aged About 27 Years,
R/o 13, Baba Ramdev Marg, Arjun Nagar, Durgapura, Jaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Agriculture, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Director, Department Of Agriculture, Shreeji Nagar,
Choti Chopad, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018.
3. The Secretary, Rajasthan Staff Selection Board, State
Institute Of Agriculture Management Premises, Tonk Rd,
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Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018.
4. Ankit Kumar S/o Shri Narayan Lal, Aged About 25 Years,
R/o Maghwalo Ka Bada, Vas Ghanerao, Tehsil Desuri, Dist.
Pali, (Rajasthan).
5. Udit Bakolia D/o Shri Hansraj Bakolia, Aged About 25
Years, R/o Ward No.45, Regar Basti, Ratangarh, Churu,
(Raj.).
----Respondents
S.B. Civil Writ Petition No. 10435/2021
Monika Choudhary D/o Laxman Singh, Aged About 25 Years, R/o
Ward No. 4, Dhani - Sitokawali, Village Kotary Dhayalan,
Reengus, District Sikar, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Agriculture, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Director, Department Of Agriculture, Shreeji Nagar,
Choti Chopad, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018.
3. The Secretary, Rajasthan Staff Selection Board, State
Institute Of Agriculture Management Premises, Tonk
Road, Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018.
4. Sonal D/o Sunil Choudhary, Aged About 26 Years, R/o
Rathore Market, Near Bus Stand, Bilada, District Jodhpur
(Raj.).
5. Kiran Bala D/o Shri Surendra, Aged About 25 Years, R/o
Ward No.14, Vpo Maniwali, Tehsil Sadulsahar, District
Sriganganagar.
6. Anita Choudhary D/o Shivkaran Jat, Aged About 26 Years,
R/o Village Ramjipura, Khacharyawas, Tehsil
Dataramgarh, District Sikar.
7. Mukesh Soni S/o Shri Manak Chand Soni, Aged About 26
Years, R/o Sujangarh Road, Mohanpura, Nokha, Bikaner
(Raj.).
8. Mehra Ram Raika S/o Shri Kheema Ram Raika, Aged
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About 27 Years, R/o Tara Tara Math, Barmer (Raj.).
9. Supriya Devi D/o Shri Sundaram, Aged About 26 Years,
R/o First Aam Ki Nadi, Pratap Nagar, Lohakhana, Ajmer
(Raj.).
10. Ramsanchee S/o Shri Mohan Lal, Aged About 27 Years,
R/o Chak, 7-K-Pd, Post Rawla, Tehsil Rawla, District
Sriganganagar (Raj.).
----Respondents
S.B. Civil Writ Petition No. 13240/2021
1. Komal Garg S/o Deendayal Garg, Aged About 24 Years,
R/o V/p Main Market, Gudhaghandrati, Tehsil Nadoti,
District Karauli, Rajasthan - 322213.
2. Rahul Sharma S/o Mohan Lal Sharma, Aged About 26
Years, R/o Village Bichpadi, Post Nimera, Jhotwara,
District Jaipur - 302012.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Agriculture, Govt. Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Director, Department Of Agriculture, Shreeji Nagar,
Choti Chopad, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018
3. The Secretary, Rajasthan Staff Selection Board, State
Institute Of Agriculture Management Premises, Tonk Rd,
Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur,
Rajasthan 302018.
----Respondents
For Petitioner(s) : Mr.Vigyan Shah with Mr.Harendra Neel
For Respondent(s) : Mr.SS Raghav, AAG
Mr.Bhagwant Singh Choudhary, Dy.GC
Mr.Nalin G.Narain, AGC
Mr.RN Mathur, Sr.Adv. with
Mr.Himanshu Jain
Mr.Narendar Singh Choudhary,
Sr.Adv.with Mr.Nikhil Pal Singh - for
respondent No.3
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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
JUDGMENT
Judgment reserved on : 18th July, 2023
Date of Judgment : 13th September, 2023
By the Court:
1. The present writ petitions since involve common question, hence, are decided by common order with the consent of the learned counsel for the parties.
2. This Court takes S.B.Civil Writ Petition No.10432/2021 [Mithun Kr. Bargujder & Ors. Vs. State of Rajasthan & Anr.] as lead case for deciding the controversy involved, relating to appointment on the post of Investigator under the Rajasthan Agriculture Subordinate Service Rules, 1978 [hereinafter shall be referred to as "the Rules of 1978"].
3. The petitioners are aggrieved by the final result dated 03.09.2021, extended result dated 09.09.2021 and verbal rejection of the their candidature in pursuance of the advertisement dated 22.01.2019 despite having more than cut-off marks in their respective categories on the ground of not having studied the subject of Mathematics or Statistics in all the three years of graduation.
4. The facts, in brief, as pleaded in the writ petition No.10432/2021, are that the respondent-Rajasthan Staff Selection Board [hereinafter shall be referred to as "the Selection Board"] issued an advertisement dated 22.01.2019 for making selection (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (6 of 28) [CW-10432-33,35/2021] on the post of Investigator under the Rules of 1978 and total 56 posts were advertised in Non-TSP Area and 6 posts in TSP Area. The Selection Board issued a corrigendum dated 11.09.2020 whereby additional 8 posts for Non-TSP Area of Investigator were also required to be filled.
5. The petitioners have pleaded that syllabus of the examination has been divided into two parts i.e. (i) General Knowledge; and (ii) General Statistics.
6. The petitioners have pleaded that Rule 12 of the Rules of 1978 provides for academic, technical qualification and experience and according to which a candidate for direct recruitment has to possess (a) the qualification given in column (4) of the Schedule; and (b) working knowledge of Hindi written in Devnagari script and knowledge of Rajasthan culture. The qualification and experience for direct recruitment for the post of Investigator is provided under the Schedule in Section-IV [Agriculture Statistics] at S.No.12 which speaks "Graduate with Mathematics OR Statistics from a recognized University established by law in India OR Junior Certificate Course of Institute of Agri. Research Statistics (ICAR)".
7. The petitioners have pleaded that since they were fulfilling eligibility for the post of Investigator, as such, they applied through online application for the post of Investigator. The petitioners claim to possess the requisite qualification of Bachelor of Commerce, which is also reflected from the marksheets issued to them.
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8. The petitioners have pleaded that the Selection Board declared provisional result on 16.06.2021 thereby calling 1.5 times of the candidates for document verification/eligibility check and the names of the petitioners were also reflected as 'Selected Candidates' in the said provisional result.
9. The petitioners were called for document verification/eligibility check in pursuance of the office order dated 30.06.2021. The petitioners have pleaded that final result dated 03.09.2021, was issued by the respondents wherein the petitioners were not selected despite securing more than cut-off marks in their respective categories on account of not studying the subjects of Statistics or Mathematics for three years in their graduation.
10. The petitioners have pleaded that they sought an information under the Right to Information Act, 2005 by submitting an application before the competent authority of the Agriculture Department and reply, in response thereto, was given on 16.06.2021 and it was informed to the petitioners that the qualification under the Rules of 1978 nowhere prescribes the requirement of having studied the subject of Statistics or Mathematics in all the three years of graduation degree.
11. The petitioners have further pleaded that extended result was also announced by the respondents on 06.09.2021 and 09.09.2021 and other candidates, who were having lesser marks/merit than the petitioners, were selected and the petitioners have been excluded.
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12. The petitioners have also pleaded that the qualification acquired by them of Bachelor of Commerce from the University of Rajasthan that too in the subject of Economics and Financial Management, covers the entire syllabus of the competitive examination for selection on the post of Investigator.
13. The petitioners have pleaded that during pendency of the writ petitions, the Department of Personnel (DoP) issued the impugned letter dated 12.08.2022 and clarified that for being selected on the post of Investigator, a candidate should have a graduation degree with Mathematics or Statistics and since the candidates who did not study Mathematics or Statistics in three years of their graduation, were not eligible for the post of Investigator.
14. The petitioners have further pleaded that they have obtained degree of Bachelor of Commerce from the University of Rajasthan and studied the subject of Statistics for two years with nomenclature of papers as Code 1138 (Accounts & Business Statistics) and Code 2138 (Accounts & Business Statistics).
15. In the writ petition, the petitioners, while reproducing various provisions of the UGC Act & Regulations, 2003, have pleaded as follows:-
(i) The University Grants Commission Act, 1956 (hereinafter shall be referred to as "the UGC Act") under Section 12A(1)(d) defines "qualification" as a degree or any other qualification awarded by a University. Section 22(1) of the UGC Act, 1956 confers right of granting degree (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (9 of 28) [CW-10432-33,35/2021] by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. Section 22(3) of the UGC Act, 1956 defines "degree" as any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the official Gazette.
(ii) The University Grants Commission (Minimum Standards of Instruction for the Grand of the First Degree through Formal Education) Regulations, 2003 (hereinafter shall be referred to as "the UGC Regulations of 2003") have been issued and Regulation 5.3 of the Regulations of 2003 provides that "Syllabus" for any level of course is to be prescribed and the University shall not only lay down the syllabus for each course but also manner for its implementation. Regulation 6.7 of the Regulations of 2003 authorizes the University to set question papers for the examination in such a manner so that they cover the entire syllabus of the concerned course. Regulation 8.2 of the Regulations of 2003 prescribes that the "degree" to be awarded in the respective discipline in accordance with the nomenclature specified by the UGC under Section 22(3) of the UGC Act.
(iii) The petitioners have pleaded that that the syllabus of Bachelor of Commerce of the University of Rajasthan covers (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (10 of 28) [CW-10432-33,35/2021] the entire syllabus of the competitive examination for selection on the post of Investigator, which was prescribed under the instructions, issued to the candidates for writing examination.
(iv) The petitioners have pleaded that from the syllabus of Bachelor of Commerce of University of Rajasthan in respect of subject of Economics and Financial Management, it is clear that extensive teaching and knowledge is provided with regard to agriculture sector. The petitioners have also pleaded that overall syllabus of Bachelor of Commerce of University of Rajasthan with the subjects of Accounts and Business Statistics and also with the subject of Economics and Financial Management, covers the entire syllabus of the competitive examination for selection on the post of Investigator.
16. The respondents No.1 & 2 have filed reply to the writ petition and pleaded that under the Rules of 1978, the Agriculture Department had sent a requisition for recruitment on the post of Investigator and the Selection Board issued advertisement inviting the applications. The educational qualification, mentioned by the Selection Board, in the advertisement, was as per the provisions of Rules of 1978. The Selection Board had sought clarification from the Department about educational qualification by writing letter on 30.01.2019 and the Department had clarified through its letter dated 12.02.2019 that the applicants who had studied Mathematics or Statistics as one of the subjects during all the years of graduation, were eligible for the post. (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (11 of 28) [CW-10432-33,35/2021]
17. The respondents have pleaded that the petitioners are not eligible for appointment on the post of Investigator and the marksheets which have been enclosed by them in the writ petitions, also show that the petitioners have not studied Mathematics or Statistics in all the three years of graduation and as such, no legal or fundamental right of the petitioners, has been infringed and the writ petitions are wholly misconceived.
18. The respondents have submitted that the information dated 16.06.2021, provided under the Right to Information Act, 2005 to one of the candidates namely Vipul Singh, nowhere confers eligibility on ineligible candidates and even no credence can be given to such information in view of the provisions contained in the Rules relating to the requirement of qualification of graduate in Mathematics or Statistics.
19. The respondents have also pleaded that for the post of Investigator 100% Direct Recruitment is to be made and qualification is graduation in Mathematics or Statistics from a recognized University established by law in India OR Junior Certificate Course of Institute of Agriculture Research Statistics (ICAR). The Selection Board also pleaded that employer i.e. the Department of Agriculture, had issued a clarification dated 12.02.2019 whereby it was clarified that students were required to have graduation degree with Mathematics or Statistics and should have studied these subjects all through the course and not partly.
20. The respondents have pleaded that the candidates possessing degree course in B.A./B.Sc. (Statistics) have much (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (12 of 28) [CW-10432-33,35/2021] better experience or knowledge than the candidates having degree course in B.Com. and University of Rajasthan has also issued syllabus as well as procedure of examination for B.Sc. (Mathematics) and B.Sc. (Statistics) and those students who passed these Courses are treated as "Graduated with Statistics". The respondents have pleaded that the Department of Statistics of University of Rajasthan has also provided information clarifying that the students of B.Com. of any University cannot be given regular admission in the M.A./M.Sc. in University of Rajasthan and the students of B.Com. (Commerce) of University of Rajasthan, are not graduate with Statistics.
21. The private respondents have also filed reply and plea taken by other respondents have been reiterated by them. The private respondents, in their reply, have additionally pleaded that mere participation in the process of recruitment or in the process of document verification, does not create any right in favour of the petitioners. They have also pleaded that only on the basis of response to Right to Information application by some officials, without making any consultation with the competent authority, no right is created in favour of the petitioners to claim appointment. They have further pleaded that the provisions of UGC Act and UGC Regulations of 2003 are not relevant at all and same are applicable for pursuing higher studies or lateral entries in different courses. The private respondents have further pleaded that the petitioners have studied one of the branches related to Mathematics or Statistics, for which the syllabus is very limited, whereas the syllabus of Mathematics and Statistics in graduation (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (13 of 28) [CW-10432-33,35/2021] deals with the entire field of Mathematics and Statistics and as such, grant of graduation degree in Commerce cannot be equated at all with the specialized field of Mathematics and Statistics.
22. The petitioners have also filed rejoinder and reiterated their submissions made in the writ petition.
23. Counsel for the petitioners, Mr.Vigyan Shah has made following submissions, challenging non-selection of the petitioners:-
23A. Neither the Rules of 1978 nor the advertisement dated 22.01.2019 prescribe that the concerned subject in Graduation must have been studied in all the three years of Graduation.
23B. If the Rule making authority has not provided any duration for which the subject must be studied in graduation and even if the Rules are silent, the selection body i.e. Selection Board could have prescribed such period in the advertisement and rejection of candidature of the petitioners on the ground of not having studied the concerned subjects in all the three years of their graduation, after selection, by securing more than cut-off marks, would tantamount to change of rules of selection after the recruitment process had commenced.
23C. The selection body i.e. Selection Board has to act in accordance with the Rules framed under the proviso to Article 309 of the Constitution of India and it is the duty of the Rule making authority to exclusively provide (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (14 of 28) [CW-10432-33,35/2021] qualifications under the Rules governing the selection and if the Rule making authority has not prescribed the condition of studying a particular subject for a period of three years, then the additional condition could not have been fastened on the candidates after they were declared successful. 23D. The action of respondents is in gross ignorance of the law and non-application of mind in respect of the UGC Act and the UGC Regulations of 2003, which govern first degree courses in the entire nation. By virtue of the liberty given to the University, under the UGC Act and the UGC Regulations of 2003, to determine their syllabus and examination pattern for award of first degree courses, if entire course and syllabus is covered of a particular subject in two years, the condition of studying such subject in all three years since being non-prevalent in some of the Universities, the duration of three years cannot be thrusted upon the candidates, as no guidelines, in this regard, have been framed by the UGC. 23E. The respondents have not obtained any report from the Expert Committee which could have examined the syllabus of the petitioners with the syllabus required for the purpose of recruitment on the post of Investigator and in absence of such report from Expert Committee, the candidature of the petitioners could not have been rejected by the respondents. 23F. In the matter of public employment, the selection making body is bound by the terms and conditions of the advertisement, which must always be in accordance with the (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (15 of 28) [CW-10432-33,35/2021] Rules governing the selection and the selection making body, in the present case, was bound by the conditions of the advertisement dated 21.02.2019, which did not prescribe any rider of studying a particular subject in three years of graduation and as such, the respondents are estopped to change the conditions, which they themselves had provided. 23G. The impugned letter dated 12.08.2022 issued by the Department of Personnel (DoP) is illegal and arbitrary. The petitioners since have studied Mathematics and Statistics in their Graduation for two years and the Department of Personnel (DoP) had never intended to prescribe the period of three years, otherwise the same could have been mentioned in the Rules or in the advertisement and, as such, the impugned letter dated 12.08.2022, is not sustainable in the eyes of law.
23H. If any ambiguity is there in the Rules framed for selection or in the advertisement, the same has to be read in favour of the candidates i.e. the petitioners. 23I. A bare perusal of syllabus of subject "General Statistics", as issued by the Selection Board and the syllabus of B.Com. Part-I & Part-II of University of Rajasthan, clearly demonstrate that all the subjects taught to the petitioners are covered under the entire syllabus in the competitive examination for recruitment on the post of Investigator and as such, there is no qualitative difference in the syllabus of subject-General Statistics and the knowledge acquired by (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (16 of 28) [CW-10432-33,35/2021] the petitioners in the subject-Statistics and the artificial discrimination is violative of Article 14 of the Constitution of India.
24. Mr.Nalin G. Narayan, AGC, appearing on behalf of the Rajasthan Staff Selection Board, has made following submissions:-
24A. The claim of the petitioners is in fact equivalence of their qualification with the qualification of those candidates, who studied the subjects of Mathematics and Statistics in all three years of their graduation course, while the petitioners have studied one of the subjects i.e. Mathematics/Statistics in one or two years in their graduation course of Bachelor in Commerce and as such, the prayer for treating their qualification equivalent may not be considered by this Court while exercising its jurisdiction under Article 226 of the Constitution of India.
24B. The petitioners are not eligible for the post of Investigator and even as per the scheme of the Rules of 1978, the next promotional post of Investigator is Assistant Statistical Officer and the same is required to be filled 50% by promotion & 50% by direct recruitment and only those candidates who are Post Graduate in Mathematics/Statistics can be considered for such direct recruitment and as such, the petitioners are not eligible as per the relevant Rules.
25. Mr.S.S.Raghav, AAG along with Mr.Bhagwat Singh, DyGC, appearing for the respondents No.1 & 2 submitted that the petitioners do not possess the requisite qualification and merely (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (17 of 28) [CW-10432-33,35/2021] their participation in the selection process, in absence of basic qualification of having studied subjects of Mathematics or Statistics in all three years of graduation, does not create any right in their favour for being considered for appointment.
26. Mr.R.N.Mathur, Senior Advocate assisted by Mr.Himanshu Jain has made following submissions:-
26A. There is no ambiguity in Rules, as alleged by the petitioners, of not providing duration of the course in Graduation of studying a particular subject in the year. Assuming, though not admitting, there exists an ambiguity, as alleged, the Department of Personnel (DoP) has clarified the position as per the Rules.
26B. The comparison of syllabus of B.Com. with that prescribed for selection on the post of Investigator in General Statistics is not permissible and cannot be made and a candidate has to undergo three years Graduation Course in the subject of Mathematics/Statistics.
26C. The provisions relating to appointment on the post of Computor under the Rajasthan Statistical Subordinate Service Rules, 1971 and the post in question of Investigator to be filled, as per the Rules of 1978, no comparison can be made as different service Rules provide different qualification, according to the posts, which are sought to be filled by the employer.
27. Mr.Vigyan Shah, counsel appearing for the petitioners has placed reliance on the following judgments:- (Downloaded on 11/11/2023 at 08:00:41 PM)
[2023:RJ-JP:22347-SB] (18 of 28) [CW-10432-33,35/2021] (1) Natha Devi Vs. Radha Devi Gupta reported in (2005) 2 SCC 271 to demonstrate that there is lack of application of mind by the respondents, while interpreting the Rules of 1978 inasmuch as if the words are clear, plain, unambiguous and reasonably susceptible to only one reasoning, then the same meaning should be given, irrespective of its consequences. (Paras 13 & 14) (2) Parvaiz Ahmad Parry Vs. State of J&K & Ors.
reported in (2015) 17 SCC 709 and Rakesh Kumar Vs. State of Jharkhand & Ors. [Civil Appeal No.9217/2018] decided on 10.09.2018 to support his submission that interpretation regarding qualification and ambiguity therein should be read in favour of the candidates. (Paras 13 to 16) (3) Shashidhar Sura Reddy Vs. State of Andhra Pradesh reported in (2014) 2 SCC 158 to buttress his submission that selection making body is bound to make recommendations applying the mandate of Rules. (Paras 13 to 17)
28. Mr.R.N.Mathur, Senior Advocate appearing of the respondents has placed reliance on the following judgment, in support of his case:-
(1) Mohammad Shujat Ali & Ors. Vs. Union of India & Ors. reported in (1975) 3 SCC 76.
(2) J. Ranga Swamy Vs. Govt. of Andhra Pradesh & Ors. reported in (1990) 1 SCC 288.
(3) Zahoor Ahmad Rather & Ors. Vs.Sheikh Imtiyaz Ahmad & Ors. reported in (2019) 2 SCC 404.
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[2023:RJ-JP:22347-SB] (19 of 28) [CW-10432-33,35/2021] (4) Devender Bhaskar & Ors. Vs. State of Haryana & Ors. reported in (2021) 7 SCR 506.
(5) Indresh Kumar Mishra & Ors. Vs. State of Jharkhand & Ors. reported in (2022) 1 SCC 42.
(6) Dr.Shilpa Sharma Vs. State of Rajasthan & Ors. [D.B.Special Appeal Writ No.1149/2019] decided by the Division Bench of this Court on 27.08.2021.
29. This Court, before dealing with the rival contentions raised by the respective learned counsels for the parties, deems it proper to first quote the relevant Clause (7) of the advertisement dated 22.01.2019 and the relevant portion of the schedule which deals with the posts of Assistant Statistical Officer and Investigator, as follows:-
"7. पातता एवए शकणकक यिगयता भारत म णवण दारा स ाणपत ककस णवशणवदालय स गणकत या साएण"यक# क सा सातक अ वा क& ण' अन)सन ान साएण"यक# सएस ान आई.स .ए.आर. का ज.णनयर पमाक पत | SCHEDULE Section-IV - Agriculture Statistics S.No. Designation Method of recruitment If by Qualification Qualification & Remarks of the with percentage. promotion a & experience experience for posts. post from for direct which promotion. recruitment.
promotion
will be
made.
Promotion Direct
Recruitment
1 2 3 4 5 6 7 8
1 to XX XX XX XX XX XX XX
10
11 Assistant 50% 50% Investigator/ 5 years' Post Graduate in 33
Statistical Computor experience Mathematics/ years.
Officer on the post Statistics or
mentioned M.Sc. in Agri.
in Col.5. Statistic from
IAPS, New
Delhi
12 Investigator - 100% - - Graduate with 33
Mathematics OR years.
Statistics from a
recognized
University
established by
law in India OR
(Downloaded on 11/11/2023 at 08:00:41 PM)
[2023:RJ-JP:22347-SB] (20 of 28) [CW-10432-33,35/2021]
Junior Certificate
Course of
Institute of
Agri.Research
Statistic (ICAR)
30. The relevant clause, relating to syllabus for the post of Investigator, issued by the Selection Board, is also quoted hereunder:-
"vUos'kd ¼Investigator½ lh/kh HkrhZ ijh{kk & 2019 ¼d`f'k foHkkx ds fy;s½ ijh{kk dh Ldhe iz"u&i= vad dqy vad dqy iz"u le;
Hkkx&v%& lkekU; ¼jktLFkku dk bfrgkl] dyk ,oa 50 laLd`fr] lkfgR;] ijEijk,sa] fojklr ,oa jktLFkku dk Hkwxksy½ 150 150 3 ?k.Vs Hkkx&c%& 100 lkekU; lakf[;dh uksV %&
1- iz'u i= esa cgqfodYih; izdkj ¼Objective Type½ ds iz'u gksaxs o lHkh iz'uksa ds vad leku gksaxsA 2- izR;sd xyr mÙkj ds fy, udkjkRed vady 1@3 vad gksaxsA ikB~;Øe¼Syllabus½ Hkkx&v%& lkekU; Kku XXX XXX XXX XXX Hkkx&c%& lkekU; lakf[;dh izfr/k;u (sampling), caVu (distribution), ekud =qfV (standard error), fopj.k (variance), izfrn'kZ losZ{k.k (sample surveys), izfrn'kZ vuqikr (Sampling ratio), vkSj izfrxeu izfof/k;k¡ (regression methods), lwpdkad (index numbers), lglEcU/k (correlation), rFkk vllfefr (skewness), izkf;drk (total probability), csat izes; (bay's theorem), ;kn`fPNd pj (random variables), ,oa blds izkf;drk caVu (probability distribution), ;kn`fPNd pj dk ek/; (mean) ,oa fopj.k (variance), lr~rrk (continuity), ,oa vodyuh;rk (differentiability) pj?kkarkdh rFkk y?kqx.kdh;
Qyuksa dh ladYiuk (concept of exponential and logarithmic functions), rFkk mudk vkadyu (derivations), jksys rFkk ykxjkat ds e/;eku izes; rFkk mudh T;kferh; O;k[;k (Rolle's and Lagrange's Men mean value theorem and their geometric interpretations).
(Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (21 of 28) [CW-10432-33,35/2021] iz'ukoyh] izfrn'kZ vfHkdYiuk] izkfof/k;ksa ,oa {kS= ijh{k.k ds fl)kUrksa ds lkFk dk;Z dh tkudkjh (Acquaintance with the working of questionnaires, sampling designs, methods & field investigation principals). lax.kuk (census) ,oa izfrn'kZ losZ] ljy ;kn`fPNd izfripu e; rFkk fcuk izfrLFkkiu (Simple random sampling with and without replacement) o izfrp;u izfof/k (regression methods), d`f"k ;kstukvksa dk lkekU; Kku] jktLFkku ds lanHkZ esa d`f"k lkaf[;dh] jk"Vªh; d`f"k chek ;kstuk rFkk ekSle vk/kkfjr d`f"k chek dk KkuA "
31. This Court, on perusal of Rule 12 of the Rules of 1978, finds that the post of Investigator is to be filled 100% by direct recruitment and the qualification prescribed in the Schedule in Section-IV (Agriculture Statistics) at No.12 is graduate with Mathematics OR Statistics from a recognized University established by law in India OR Junior Certificate Course of Institute of Agri.Research Statistic (ICAR).
32. This Court finds that the advertisement dated 22.01.2019 issued by the Selection Board had also prescribed the eligibility and educational qualification in Clause 7 and the same was prescribed, as per the Rules of 1978 but the only difference is that the advertisement was issued in Hindi language by the respondents, however, the qualification was the same, as was prescribed in the Rules of 1978.
33. This Court finds that the candidate who was to apply and fill the online application form was to ensure that he fulfills the eligibility, educational qualification, age, etc. The petitioners, in the instant case, having passed their Graduation in Commerce, obtained three year degree of Bachelor of Commerce (B.Com.). The petitioners, since studied some subjects of Statistics in one or (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (22 of 28) [CW-10432-33,35/2021] two years of their B.Com. Course, assumed themselves to be graduates in Statistics, applied for the post in question online, treating them fully eligible.
34. This Court finds that the petitioners on getting the information in response to their application submitted under the Right to Information Act, 2005 also assumed their eligibility as no duration of studying a subject in all three years was communicated to them.
35. This Court finds that the employer has prescribed educational qualification for making recruitment on the post of Investigator which is to be manned in the Agriculture Department, more particularly in the Section of Agriculture Statistics. The employer, in its wisdom, if has prescribed the educational qualification, for the purpose of direct recruitment on the post of Investigator, from the candidates who are graduate with Mathematics or Statistics, then only such candidates who are graduate with Mathematics or Statistics can alone be eligible for applying on such post.
36. This Court further finds that the petitioners, who have admittedly passed their graduation in B.Com. and also studied subjects like Accounts & Business Statistics in Part-I and Accounts & Business Statistics in Part-II, cannot be equated with those graduates, who have studied the subject of Mathematics or Statistics for entire duration of degree course for three years.
37. The submission of learned counsel for the petitioners that neither the advertisement nor the corrigendum anywhere (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (23 of 28) [CW-10432-33,35/2021] prescribe the duration of subject to be studied for all three years in a degree course, is wholly devoid of any substance and merit. The person, who acquires a degree course which is also called Graduate, necessarily has to undergo a particular stream of subjects like Commerce, Science, Arts, etc. The requirement of a graduate with Mathematics or Statistics can only be fulfilled by a candidate who has studied the subjects in graduation for a continuous period and only by having one or two papers for a duration of less than three years, cannot be equated with the candidates who has studied the subject of Statistics or Mathematics for complete duration of three years of a graduate course.
38. The submission of learned counsel for the petitioners that syllabus prescribed by the recruiting agency i.e. the Selection Board, giving description of different subjects and on a comparison being made of the same with the subjects taught to the petitioners i.e. Statistics during their graduation course i.e. B.Com., would lead to irresistible conclusion that the petitioners have covered all the subjects, this Court finds that such comparison of different topics, taught in different degree courses, may have some similarity, however, the equivalence, as sought by the petitioners, cannot be done by this Court under the writ jurisdiction. The contents of the course, their duration, pattern of examination, evaluation of answers, etc. are all in the domain of the expert bodies, entrusted with the said job and in the present case, the University of Rajasthan itself has clarified that qualification of graduation in Commerce i.e. B.Com. cannot be (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (24 of 28) [CW-10432-33,35/2021] treated equal to the graduation in Mathematics and/or Statistics. This Court is afraid to accept the submission of the learned counsel for the petitioners that mere reading of different topics, covered in the course attended by the petitioners i.e. B.Com., should confer eligibility on the petitioners.
39. The submission of learned counsel for the petitioners that ambiguity relating to qualification, is required to be read in favour of the candidates i.e. the petitioners, as under bonafide belief, the petitioners secured their merit position, this Court finds that there has been no ambiguity or any interpretation is required in respect of qualification, sought by the employer while undertaking the process of making recruitment. The petitioners, if under mistaken belief of possessing eligibility, by studying some subjects of Statistics in their graduate degree course only for one or two years, thought themselves eligible to apply by submitting online form, the same cannot confer eligibility on ineligible person and as such, there is no room of ambiguity either in the Rules or in the advertisement, as claimed by the petitioners.
40. This Court finds no substance in the submission of the learned counsel for the petitioners that both the selection body and employer have not kept in mind the statutory UGC Act and UGC Regulations of 2003 and notifications issued from time to time. This Court finds that in the matter of employment, it is the employer who has to see the requirement of a particular job on a particular post. The educational qualifications and other eligibilities, which are required to be prescribed, of course, should have nexus with the job requirement. If the employer, in order to (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (25 of 28) [CW-10432-33,35/2021] manage its Agriculture Statistics wing, wants to employ such candidates who have studied either Mathematics or Statistics for entire duration of their graduation, then the other candidates who do not possess such qualification cannot claim a right that their candidature is also required to be considered and prescription of qualification has to be inclusive by making interpretations.
41. This Court further finds that reference to UGC Regulations of 2003 and notifications issued from time to time in no way prescribe eligibility for employment and the UGC Act and UGC Regulations of 2003 are only meant for regulating the education standards in different Universities, academic calendars, contents of courses, duration and other related matters left to the academic bodies.
Under the relevant recruitment Rules, which are framed under the proviso to Article 309 of the Constitution of India, the employer has to see the requirement of eligible persons by prescribing the relevant educational and other qualifications and the UGC Act and UGC Regulations of 2003, do not have any relevance for such purpose.
42. The submission of learned counsel for the petitioners that the Department of Personnel (DoP) has committed an error in interpreting the Rules in an arbitrary manner by providing a rider of duration of a subject to be taught in all three years of graduation and the same is beyond the scope of the Rules of 1978, this Court finds that not only the selection body but the administrative department and the Department of Personnel (DoP) (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (26 of 28) [CW-10432-33,35/2021] also had made it very clear that a graduate who has studied the subject of Mathematics or Statistics alone has to be considered for the post of Investigator. The word "graduate" in a particular subject necessarily has to mean that subjects in a particular stream are required to be taught in all three years of a graduate degree course. This Court is afraid to accept the submission of the learned counsel for the petitioners that teaching of a subject for one or two years with full contents would make a person eligible. This Court cannot accept such proposition or interpretation and if the same logic is to be applied then a plea can be raised that entire syllabus of a particular subject has been taught in one or two years and since all topics have been covered in one or two years, then such candidate can also be treated as eligible. This analogy is not only illogical but irrelevant also.
43. This Court finds substance in the submission of learned counsel for the respondents that not only the post of Investigator is to be filled from the persons who have the relevant educational qualification but also the next post of Assistant Statistical Officer, in the same Section-IV (Agriculture Statistics) of the Schedule, requires that the said post can be filled 50% by promotion from Investigator or Computor. The educational qualification for the purpose of 50% direct recruitment is post graduate in Mathematics/Statistics or M.Sc. in Agriculture Statistics from IAPS, New Delhi.
A combined reading of the qualification shows that a person has to be a graduate in Mathematics or Statistics and post (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (27 of 28) [CW-10432-33,35/2021] graduate in Mathematics or Statistics for the post of Investigator and Assistant Statistical Officer respectively.
44. The submission of learned counsel for the petitioners that a candidate, who has Statistics as one of the subjects in Bachelor Degree, is eligible for the post of Computor, as per the Rajasthan Statistical Subordinate Service (Amendment) Rules, 2010 and accordingly, the petitioners are also required to be treated as eligible for the post of Investigator, as they have studied Statistics as one of the subjects in their Bachelor Degree, this Court finds that the post of Computor under the Statistical Department is governed by a separate set of Rules i.e. the Rajasthan Statistical Subordinate Service (Amendment) Rules, 2010. This Court finds that the post of Computor in a different department cannot be equated or compared with the post of Investigator in the Agriculture Department, as their job requirements, educational qualifications and employers are different. This Court, accordingly, does not find that the principle of equality can be claimed by the petitioner drawing comparison between two different services and accordingly, the said contention is required to be rejected.
45. The submission of learned counsel for the petitioners that the Apex Court in the case of Parvaiz Ahmad Parry (supra) has laid down the law that interpretation in respect of qualification has to be given plain meaning and if there exists any ambiguity, then it should be read in favour of the candidates, this Court finds that in the present facts of the case, there is no interpretation which is required in respect of qualification and further there is no ambiguity, as the graduates who have studied Mathematics or (Downloaded on 11/11/2023 at 08:00:41 PM) [2023:RJ-JP:22347-SB] (28 of 28) [CW-10432-33,35/2021] Statistics, as one of the subjects for entire duration of graduation, are eligible for the post of Investigator. Accordingly, the said judgment is of little assistance to the learned counsel for the petitioners.
46. These writ petitions lack merit and the same are accordingly, dismissed. The interim order dated 18.09.2021 stands vacated. No costs.
(ASHOK KUMAR GAUR),J Solanki DS, PS (Downloaded on 11/11/2023 at 08:00:41 PM) Powered by TCPDF (www.tcpdf.org)