Central Administrative Tribunal - Delhi
K Neeti vs Govt. Of Nctd on 21 September, 2023
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Item No. 37/ C-4 O.A. No.1854/2018
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.1854/2018
This the 21st day of September, 2023
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
Mrs. K.Neeti
Aged: 26 Years, Daughter of Mr. Kulbir
R/o -E-85, 2nd Floor, Marg-20, Saket,
Near E-Block DESU Office, New Delhi: 110017
...Applicant
(By Advocate: Mr. Anmol Pandita)
Versus
1. Govternment of N.C.T of Delhi
[Through/Service to be effected upon its: Chief
Secretary,
At :Delhi Secretariat, I.P. Estate,
New Delhi- 110002
2. D.S.S.S.B.
Through its Charman,
FC 18, Karkardooma Institutional Area
Karkardooma, Delhi
3. Directorate of Education,
Govt. of NCT of Delhi
Through its Director,
Old Secretariat, Delhi - 110054
...Respondents
(By Advocate: Mr. Anuj Kumar Sharma)
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Item No. 37/ C-4 O.A. No.1854/2018
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J) The present Original Application (O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"(i) To direct the respondents to select the applicant as TGT (Computer Science) under post code 192/14 and to grant seniority, promotion and consequential benefits to the applicant as other selected candidate.
Or/and Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the applicant."
2. The applicant is aggrieved by illegal and arbitrary act of the respondents vide order dated 05.03.2018 rejecting the claim of the applicant to the post of TGT Computer Science for post code 192/2014.
3. Learned counsel for the applicant has moved an MA No.3171/2023 stating the instant matter may be dispose of in the light of decision in similar matter in O.A. No.2421/2018 and Ors.
with a common order on 10.08.2023 passed by the Tribunal.
Relevant portion of the aforesaid decision is reproduced below:-
"2.8 Now the Degree of the applicants is Bachelor of Science in either Applied Physical Science or Physical Science. How they are equivalent or identical is explained by the learned counsel by drawing our attention to a document placed at (Annexure A-8) which is a clarification issued by the University of Delhi through its Department of Computer Science to the Directorate of Education, Government of NCT, Delhi. The said communication dated 22.03.2018 reads as under:-3
Item No. 37/ C-4 O.A. No.1854/2018 "Subject: Equivalence of B.Sc. (G) Computer Science, B.Sc. (G) Applied Physical Sciences and B.Sc. Physical Science Degree of University of Delhi.
Dear Sir, This is to bring to your notice that consequent to the change in nomenclature adopted by the Delhi University, the following courses are equivalent.
B.Sc. (G) Computer Science (Upto 2004) Encl.1(1) B.Sc.(G) Applied Physical (2005-2009) Encl.1(2) Sciences B.Sc. Physical Science (2010-2013) Encl.2 B.Sc. Program Computer (2015 onwards) Encl.3 Science (CBCS) Minutes of relevant Council meetings are enclosed for above mentioned changes."
3. Learned counsel argues that without any ambiguity this communication clarifies that probably a confusion and misunderstanding had arisen only on account of change in nomenclature and this communication conclusively establishes that B.Sc. (Computer Science) and B.Sc. Applied Physical Science and B.Sc. Physical Science are to be considered one and the same. In fact, it states that they are identical which is more than just equivalence. To further substantiate this argument, he draws attention to a bulletin of information of the University of Delhi which is placed at (Annexure P-5) of the rejoinder affidavit, wherein one of the requirements of the course in M.Sc. (Computer Science) is B.Sc. Applied Physical Science apart from B.Sc. in Computer Science. He argues that this would further establish that Computer Science and Applied Physical Science are one and the same, otherwise why would the University allow Bachelors Degree holders in Applied Physical Science admission in the M.Sc. (Computer Science). xxxx
9. ANALYSIS:
9.1 The point of determination to the post of TGT (Computer Science) qualification is as to "Whether the degree of Applied Physical Science/ Physical Science can be regarded as equivalent qualification under the RRs, i.e. can the said degrees be equated with "Graduation in Computer science from a recognized university (provided that the Computer Science subject must be studied in all years as main subject) under the relevant Recruitment Rules?4
Item No. 37/ C-4 O.A. No.1854/2018 9.2 To adjudicate upon the core issue of equivalence of degree in so far as the post of TGT (Computer Science) is concerned, a reference is drawn to the RR's for the said post, which is being reproduced herein for the sake of brevity:
"Bachelor's degree in Computer Application (BCA) from a recognized University OR Graduation in Computer Science from a recognized University (provided that the Computer Science subject must be studied in all years as main subject) OR B.E./B.Tech (Computer Science/Information Technology) from a recognized University OR Graduation in any subject and A level course from DOEACC, Ministry of Information, Communication & Technology, Govt. of India"
9.3 We would examine the aforesaid issue by reproducing the following relevant Rules, Articles and Act(s) thereto.
9.4 The Constitution of India Article 51-A provides for fundamental duties. One of the paramount fundamental duties is enshrined in Article 51A of the Constitution of India, which is reproduced as under:
"It shall be the duty of every citizen of India--
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
Article 51A was not a part of the Constitution of India 1950. It was inserted by the Constitution (Forty-second Amendment) Act, 1976, and subsequently amended by the Constitution (Eighty-sixth Amendment) Act, 2002."
9.5 The University Grants Commission Act, 1956 was enacted by an Act of Parliament with a view to make provisions to establish University Grants Commission (In Short UGC). The preamble of the UGC reads as under:
"Education is the key to development of any society. Role of higher education is crucial for securing right kind of employment and also to pursue further studies in best 5 Item No. 37/ C-4 O.A. No.1854/2018 available world class institutes elsewhere within and outside India. Quality education in general and higher education in particular deserves high priority to enable the young and future generation of students to acquire skill, training and knowledge in order to enhance their thinking, creativity, comprehension and application abilities and prepare them to compete, succeed and excel globally. Sustained initiatives are required to reform the present higher education system for improving and upgrading the academic resources and learning environments by raising the quality of teaching and standards of achievements in learning outcomes across all undergraduate programs in science, humanities, commerce and professional streams of higher education including computer science."
9.6 Section 22 of the said Act relevant for the purpose is reproduced as under:-
"22. Right to confer degrees. --
(1) The right of conferring or granting degrees shall be exercised only 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. (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. (3) For the purposes of this section, "degree' means 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."
9.7 However, the said provision is for the purpose of determining a degree and the validity of the same thereto. As per the UGC public notice No.9-3/2016 (CCP-II) dated 19.07.2016 or equivalence of degrees, it has been highlighted as follows:
"PUBLIC NOTICE ON EQUIVALENCY OF DEGREES"
The University Grants Commission specifies degrees as defined under section 22 of the UGC Act, 1956. Such degrees can be awarded only by a University established or incorporated by or under a Central Act, a provincial Act or a State Act or by an Institution Deemed to be University established under section 3 of the UGC Act, 1956. Equivalence of degrees, diplomas, certificates etc. are not determined by the UGC. In the case of higher education, equivalence is decided by the University concerned and in cases of employment, promotion etc, equivalence is decided by the employing organization.
6Item No. 37/ C-4 O.A. No.1854/2018 The UGC Act, and Rules and website www.uqc.ac.in. Regulations made thereunder are available on UGC." xxxx 9.24 For the purpose of the present subject, we take note of the fact that vide communication dated 22.03.2018 issued by Department of Computer Science, University of Delhi which was addressed to the Assistant Director (Education), Directorate of Education, Delhi, few Under-Graduate Science courses were declared equivalent. The Communication dated 22.03.2018 is reproduced below:-
"Subject: Equivalence of B.Sc.(G) Computer Science, B.Sc.(G) Applied Physical Sciences and B.Sc. Physical Science Degree of University of Delhi Dear Sir, This is to bring to your notice that consequent to the change in nomenclature adopted by the Delhi University, the following courses are equivalent.
B.Sc. (G) Computer Science (Upto 2004) Encl.1(1) B.Sc.(G) Applied Physical (2005-2009) Encl.1(2) Sciences B.Sc. Physical Science (2010-2013) Encl.2 B.Sc. Program Computer (2015 onwards) Encl.3 Science (CBCS) Minutes of relevant Council meetings are enclosed for above mentioned changes."
xxxxx 9.33 It is also not disputed that the University of Delhi vide letter dated 23.10.2017 addressed to the Central Public Information Officer furnished the following relevant information:
"1. In B.Sc. Applied Physical Science with Computer Science, Physics, Computer Science & Mathematics are three subjects (2007-2010).
2. In B.Sc. Applied Physical Science with Computer Science, Physics, Computer Science and Mathematics have equal weightage in the curriculum for all three years. Computer Science can not be considered as main subject in this course (2007-2010).
3. Yes, Computer taught in all three years of the course in B.Sc. Applied Physical Science (2007- 2010).
4. Current name of B.Sc. Applied Physical Science is B.Sc. Programme (2017-2018)."7
Item No. 37/ C-4 O.A. No.1854/2018
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9.50 We may also highlight that the National
Education Policy (NEP) 2020, calls for multi-disciplinarily and flexibility which is the fundamental in the field of education. It is also relevant that top companies who recruit graduates from B.Sc. Applied Science which illustratively are Oracle, Adobe, Reliance, Apollo, Genpact, Wifi networks, HP, APAC, ITC Infotech, HCL etc. The stand taken by the respondents that Computer Science is not a main subject either in B.Sc. Applied Physical Science or Physical Science is belied from the very fact that the colleges under the aegis of the University have certified that CS 110 Computer application is a main subject in para-1. Further, it has been certified that students have studied Computer Science as a main subject in all the three years. These facts are not in dispute. It is also important to note that for the purpose of taking admission in M.Sc. Computer Science, B.Sc. Program or B.Sc. Applied Physical Science with Mathematics and Computer Science/B.Sc. (General) Mathematical Sciences, with Maths and Computer Science from University of Delhi or any other University whose examination is recognized as equivalent to that of University of Delhi. Furthermore, Any Bachelor's Degree of University of Delhi with at least six papers in Computer Science and two papers in Mathematics under Semester system/at least three papers in Computer Science and one paper in Mathematics under Annual Examination System or any other University whose examination is recognized as equivalent to that of University of Delhi.
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10. CONCLUSION:
10.1 In view of the above analysis, we allow all the OAs. The respondents are directed to allow the applicants to join as TGT Computer Science post code 192/14 for which they have already been offered the appointment, if otherwise found eligible, within a period of two months from the date of receipt of a certified copy of this order."
4. Learned counsel for the respondents relies upon the averments contained in the counter affidavit. Relevant paragraphs of the counter affidavit are reproduced below:-
"4. That as per the eligibility conditions, the candidate should have Graduation in Computer Science provided that the Computer Science subject studied in all years as main subject. However, the applicant had acquired B.Sc(Applied Physical Sciences) degree and Studied Computer Science as main subject for 200 marks ( 100 marks each in her 2nd and 8 Item No. 37/ C-4 O.A. No.1854/2018 3rd years of gradauation) and for 50 marks in her 1st year of graduation.
5. That the candidature of the applicant was accordingly kept pending for want of clarification as to whether the applicant had studied the subject 'Computer Science' as main subject in her first year of graduation.
6. That the applicant had not furnished any clarification and instead approached the Hon'ble CAT vide OA No.4203/2017 for non declaration of her result."
5. We have carefully compared the two OAs and find that both are strikingly similar. Therefore, judicial discipline requires that we do not take a view which could be at divergence. We allow the present Original Application. The respondents are directed to allow the applicants to join as TGT Computer Science post code 192/14 for which they have already been offered the appointment, if otherwise found eligible, within a period of two months from the date of receipt of a certified copy of this order.
In the event the applicant has not been issued the offer of appointment, appropriate steps shall be taken by the respondents to issue the same in terms of the orders passed by this Tribunal.
6. No order as to costs.
(Dr. Chhabilendra Roul) (Manish Garg)
Member (A) Member (J)
/sm/