Madhya Pradesh High Court
Aditi Pathak vs The State Of Madhya Pradesh on 16 October, 2023
Author: Vivek Rusia
Bench: Vivek Rusia, Anil Verma
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W.A. No. 1608/2023
HIGH COURT OF MADHYA PRADESH : BENCH INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 16th OF OCTOBER, 2023
WRIT APPEAL No. 1608 of 2023
BETWEEN:-
ADITI PATHAK D/O RAM VISHAL PATHAK, AGED ABOUT 30 YEARS,
OCCUPATION: NIL R/O MX 78 E 7 EXTN ARERA COLONY BHOPAL
(MADHYA PRADESH)
.....APPELLANT
(MS. DIXITA GUPTA, LEARNED COUNSEL FOR THE APPELLANT.)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1. DEPARTMENT OF HOME VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
SECRETARY M.P. PUBLIC SERVICE COMMISSION ARORA HILLS,
2.
ZONE-1, M.P. NAGAR, BHOPAL (MADHYA PRADESH)
STAFF OFFICER M.P. SERVICE COMMISSION RESIDENCY AREA,
3.
INDORE DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS.)
This appeal coming on for orders this day, JUSTICE VIVEK
RUSIA passed the following :
ORDER
This Writ Appeal is filed by the appellant/writ petitioner against order dated 8.9.2023 passed by the Writ Court whereby W.P.
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W.A. No. 1608/2023No.5635/2023 has been dismissed.
2. Facts, in short, are as under :
Respondent - M.P. Public Service Commission (MPPSC) issued an advertisement No. 14/2021 dated 30.12.2021 for selection on the post of Scientific Officer (Physics) for which the present writ petitioner submitted her candidature. The mode of selection was only interview which was scheduled in March, 2023. Before the scheduled date of interview, the MPPSC examined the educational qualification and experience of all the candidates and issued the provisional rejection list in which the name of the present petitioner is mentioned at Sr. No.71 as she was not found fulfilling the requisite educational qualification. The petitioner submitted her reply on 20.9.2022 and 16.11.2022. After considering the reply of the petitioner vide order dated 13.12.2022 her candidature was rejected. The petitioner filed aforesaid writ petition before this Court and vide interim order she was permitted to appear in the interview which was going to be scheduledon 14.3.2023. The petitioner was permitted to appear in the interview by the MPPSC. Thereafter, the respondent/MPPSC filed the reply in the writ petition.
2.1 According to MPPSC, the petitioner is not possessing the requisite educational qualification as well as two years' experience of science researcher, therefore, her name was included in the rejection list. According to the MPPSC the petitioner is having 1 year 2 months and 15 days' working experience which is less than 2 years, hence no interference is called for. So far as educational qualification is concerned, she is only B.E. (Computer Science Engineering) and M.Tech (Computer Science Engineering) while as per requirement for the post of Scientific Officer (Physics), the candidate must possess
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M.Sc. Second Class in Physics or Computer Science or Master of Computer Application or in Forensic Science (with specialization in Forensic Physics or Forensic Ballistics and should have Physics and Chemistry as Subject in B.Sc. It is furter submitted that the petitioner is not possessing the B.Sc. Degree in Physics and Chemistry subjects. By way of amendment, the petitioner challenged the rejection of the order and sought declaration of the result also.
3. The learned Writ Court after considering the entire material available on record has dismissed the writ petition with a specific finding that the petitioner does not meet the requirement of basic criteria of educational qualification. She does not possess M.Sc. Second Class as well as B.Sc. With Physics and Chemistry as subjects prescribed for the post of Scientific Officer (Physics). So far as experience is concerned, the petitioner is not having the prescribed experience of research work. Hence, the present writ appeal before this Court.
We have heard the learned counsel appearing for the appellant/writ petitioner and perused the material available on record. Learned counsel for the petitioner placed reliance on the judgment of the apex Court in the case of Subhash S/o. Shriram Dhonde V/s. State of Maharashtra : 1995 Supp. (3) SCC 332.
4. The comparative chart of the educational qualification and experience prescribed in the advertisement and possessed by the petitioner are as under :
Educational Qualification -
S.No. As per Advertisement As per relevant Rules Qualification
possessed by
Petitioner
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W.A. No. 1608/2023
1 M.Sc. Second Class in ^^e/;izns'k U;k;kyf;d foKku B.E. (Computer
Physics or Computer iz ;ks
x 'kkyk ¼jktif=r½ ls ok Science
Science or Master of Hkjrh fu;e] 1993^^ vuqlwph&3 Engineering &
Computer Application ¼fu;e 8½ vfuok;Z & HkkS f rd M.Tech. (Computer
'kkL= ;k dEI;wVj lkabl ;k
or in Forensic Science Science
ekLVj vkWQ dEI;wVj ,Iyhds'ku
(with specialization in ;k U;k;kyf;d foKku Engineering).
Forensic Physics or ¼U;k;kyf;d HkkSfrd 'kkL= Forensic Ballistics). vFkok U;k;kyf;d iz{ksfidh esa fo'ks"kKrk ds lkFk½ esa f}rh;
Js.kh ls ,e-,l-lh- mikf/k 2 And should have rFkk HkkSfrd 'kkL= ,oa jlk;u Nil.
Physics and Chemistry 'kkL= fo"k; ch-,l-lh- esa gksuk as subjects in B.Sc. pkfg,A Experience -
S.No. As per Advertisement As per relevant Rules Qualification
possessed by
Petitioner
1 ;wthlh ls ekU;rk izkIr fdlh nks o"kZ dk oSKkfud 'kks/k As per certificate
Hkh 'kks/k laLFkku@dkWyst@ dk;Z dk vuqHkoA" issued by AISECT
fo'ofo?kky;@iz;ksx'kkyk esa Group of
nks o"kZ dk oSKkfud University,
'kks/kdk;Z dk vuqHkoA
petitioner worked
from 1.8.2017 to
15.10.2018 i.e. 01
year, 02 months and
15 days.
In view of the above, the petitioner is possessing the degree of B.E. (Computer Science Engineering & M.Tech. (Computer Science Engineering) but for the post in question the requirement of educational qualification is M.Sc. in Second Class in Physics or Computer Science or Master of Computer Application or in Forensic Science (with specialization in Forensic Physics or Forensic Ballistics) and should have Physics and Chemistry as subjects in the B.Sc. Therefore, the petitioner is neither having the degree of M.Sc. nor B.Sc. which are the essential qualification.
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W.A. No. 1608/2023There is no such certificate issued by the recognized University that the degree of B.E. + M.Tech. Dual Degree Integrated Post Graduate Programme Department of Computer Science is equivalent to the M.Sc. In Computer Science or Master of Computer Application 5 years' Dual Degree Integrated PG course, in initial 4 semesters also, there is no such subject of Physics and Chemistry were tought.
5. So far as 2 years' experience is concerned, the petitioner has filed the certificate issued by the Director AISECT Group of University and according to which the petitioner had worked in the Core Research Group of AISECT Group of University from 1.8.2017 till 15.10.2018 as a Project Assistant. Her role was to help research scholars to identify researc areas, formulate projects for research, do the ground work and identify the problems. There are two requirements that such an institution, college and laboratory or University should be recognized by the UGC and the candidate must possess two years experience of scientific research. The petitioner herself did not conduct any scientific research and no document as been filed to show tat AISECT is a recognized Institution, College, Laboratory or University recognized by the UGC. Therefore, we do not find any error in the impugned order passed by the Writ Court.
Accordingly, this Writ Appeal is dismissed.
[VIVEK RUSIA] [ANIL VERMA]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2023.10.17 18:04:30 +05'30'