Patna High Court
Atul Kumar vs The Punjab National Bank Through Its ... on 19 July, 2017
Bench: Chief Justice, Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1966 of 2015
IN
Civil Writ Jurisdiction Case No. 8604 of 2015
===========================================================
Atul Kumar S/o Shri Ashok kumar Mishra Resident of Mohalla Court Station Near
airport road, P.s K.Hat, Dist- Purnea
.... .... Appellant/s
Versus
1. The Punjab National Bank through Its Chairman, 7 Bhikhaji Cama place, New
Delhi-110066
2. The Chief Manager, Punjab National Bank, Human Resource Development
Division, 7 Bhikhaji Cama Place, New delhi-110066
.... .... Respondent/s
===========================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Choudhary, Advocate
Mr. Uday Pratap Singh, Advocate
Mr. Akshansh Ankit, Advocate
For the Respondent/s : Mr. Raj Nandan Prasad, Advocate
===========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 19-07-2017
Seeking exception to an order passed by the learned Writ
Court on 4.8.2015 in CWJC No. 8604 of 2015, this appeal has been
filed under Clause 10 of the Letters Patent.
Even though the order dated 4.8.2015 passed by the
learned Writ Court is hardly of five lines but the issue involved in this
case requires consideration. The order dated 4.8.2015 reads as under:-
"Petitioner wants to approach the Institute of
Banking Personnel Selection. Let him do so. The
Court will not come in his way.
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
2/12
However, the claim of the petitioner with regard to
his right for appointment on the basis of his
qualification cannot be acceded to.
The writ application is disposed of with above
observation."
The writ petitioner-appellant herein had a bright
academic career and having obtained a degree of B. Tech. (Bachelor
of Technology) in Electrical and Electronics Engineering from Dr.
M.G.R. Educational and Research Institute University, Maduravoyal,
Chennai, applied for appointment as IT Officer (Scale-I) in the
respondent-Punjab National Bank in pursuance to the advertisement
issued by them. The writ petitioner-appellant applied and was issued
with the Admit Card to appear in the tentative examination which was
to be held between 14.02.2015 and 15.02.2015. He was found eligible
based on the qualification acquired by him, appeared in the
examination conducted by the Institute of Banking Personnel
Selection (IBPS) and obtained more than the cut off marks prescribed
for the general category, which was 104 marks and was short listed
for appearing in the interview, the petitioner obtained 127 marks. The
appellant appeared in the common interview again organized by the
Institute of Banking Personnel Selection (IBPS) and in the final result
uploaded on the website, it was declared that the appellant had been
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
3/12
declared successful for appointment on the post of I.T. Officer (Scale-
1) having obtained 62.80 out of 100 marks and has been provisionally
allotted appointment in the Punjab National Bank, respondent herein.
The appellant, according to the averments made in the
writ petition, was waiting for appointment order in pursuant to the
same when, all of a sudden, he received an order dated 9.5.2015 from
the Chief Manager, Human Resources Development Division, Punjab
National Bank indicating that the candidature of the appellant has
been cancelled as the educational qualification prescribed was not
found to be equivalent. The qualification prescribed by the Bank for
the post in question was 4 year Engineering Decree in Computer
Science/Computer application/ Information Technology/ Electronics/
Electronics & Telecommunications/ Electronics & Communication/
Electronics and Instrumentation or Post Graduate Degree. It is the
case of the Bank that as the appellant is only a degree holder in
electrical and electronics which is not the prescribed qualification,
therefore, his candidature has been cancelled. The appellant
challenged this order in the writ petition and it was his case that his
qualification is identical and merely because of the nomenclature of
the subject, the appellant cannot be discriminated, the writ Court
having dismissed the writ petition, this appeal.
We have heard the matter in detail and while hearing the
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
4/12
matter on 10.5.2017, two judgments, one of the Delhi High Court in
the case of Ms. Nisha Vs. Union of India and others (W.P. (C)
6100/2012 and CM No. 16465/2012 and another of the Gauhati High
Court in the case of Shri Wilfred Vanlaliana & Ors. Vs. The State of
Mizoram & Ors. (WP(C) No. 2 of 2012 were brought to our notice
and on going through these judgments, we found that it has been held
in these two cases that degrees or qualification like B.Tech. in
Electronics and instrumentation or electrical and electronics
Engineering are equivalent and similar qualifications and have been
held to be identical in nature. Taking note of the aforesaid, we
directed the Bank to consider the claim of the appellant in the
backdrop of the aforesaid two judgments but, instead of considering
the same in the light of the aforesaid judgments, the Bank has now
come out with a new case in the counter affidavit to say that the
appellant has suppressed various information in the application form
submitted by him. Vide Annexure-A to the counter affidavit, it is
stated that the appellant has indicated his qualification as graduation
in Electronics only and has not indicated that he has degree of
Engineering in Electrical and Electronics. Accordingly, the Bank has
now come up with a new case which was not the original claim of the
Bank when the impugned order was passed which was challenged in
the writ petition. The question before us is as to whether the
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
5/12
qualification acquired by the appellant i.e. graduate Engineering in
Electrical and Electronics and the qualification prescribed by the Bank
are identical or can be treated as equivalent. This issue has been
addressed clearly in favour of the appellant by the Delhi High Court.
A Division Bench of the Delhi High Court from para 27 onwards vide
its judgment rendered on 26th of November, 2012 in the writ petition,
as detailed herein above, namely, Ms. Nisha Vs. Union of India and
others (supra) and various other cases decided by a composite order
has addressed this issue, i.e. as to whether the qualification in question
are equivalent or not. In para-27 to 32 the discussions go in the
following terms:
27. As regards the writ petitioners who had the
degree of B.Tech. in ELECTRICAL AND
ELECTRONICS, we have already noted above
that the original advertisement made eligible even
said degree holders till the corrigendum was
published in Employment News on February 11,
2012. But, the web page of the site of the Indian
Army, which we accessed in Court at the hearing
held on November 22, 2012, evidenced that the
corrigendum was not even put on the website. We
did so in Court inasmuch as the writ petitioners
informed that when they accessed the website
pursuant to the advertisement dated January 20,
2012, notwithstanding they did so after February
11, 2012, the website continued display the
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
6/12
eligibility qualifications as originally entered.
Indeed, the position is as stated by the petitioners.
28. The position which therefore emerges is that
due to complete identity in the course curriculum
of the degrees B.Tech. INFORMATION
TECHNOLOGY and B.Tech. COMPUTER
SCIENCE and the degrees B.Tech.
INSTRUMENTATION AND CONTROL and
B.Tech. ELECTRONIC AND
INSTRUMENTATION, even the experts panel
constituted by AICTE has opined equivalence and
as regards B.Tech. ELECTRICAL AND
ELECTRONICS and B.Tech. ELECTRICAL,
though the experts have opined to the contrary, we
find equivalence. The further position which
emerges is that as regards males, the Indian Army
treats B.Tech. ELECTRICAL AND
ELECTRONIC and B.Tech. ELECTRICAL as
equivalent degrees. Further position emerges that
the Indian Navy and the Indian Air Force treats the
two degrees as equivalent and so do all other
Public Sector Undertakings. The further position
which emerges is that all writ petitioners
succeeded with merit, and we highlight that the
young lady writ petitioners found themselves in
the select list for 35 posts from amongst 11,000
candidates; we presume that the selection process
was to test the knowledge in the field of
ELECTRICAL ENGINEERING and the success
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
7/12
of the lady writ petitioners holding degree in
ELECTRIC AND ELECTRONIC
ENGINEERING is proof of what we have held
herein above that the degree course undertaken by
them has subsumed within, the degree course in
ELECTRIC ENGINEERING.
29. Thus, the facts of the instant case attract the
law declared by the Supreme Court in its opinion
in Mohammed Sujat Ali‟s case (supra) justifying
the arm of this Court to be extended to declare that
the writ petitioners were eligible; having the
requisite educational qualifications for the posts
advertised and accordingly we issue a mandamus
to the respondents to proceed ahead with the
selection process pertaining to the writ petitioners
keeping in view their merit position in the select
list against the post which they had applied for.
30. We note that learned counsel for the
respondents had conceded that the number of
persons issued letters of appointment exceed more
than three times the vacancies which were
advertised and the reason is a shortage of officers
in the Indian Army, and for which the young
petitioners who were present in Court had drawn
our attention to the newspaper report published on
November 15, 2012 in the daily newspaper „The
Pioneer‟ that the shortage of officers in the Indian
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
8/12
Army is 12,000; indeed learned counsel for the
respondents did not refute said position; meaning
thereby that the induction of the petitioners would
not adversely affect the persons who have been
issued letters of appointment notwithstanding
many of them being lower in the merit position to
the writ petitioners.
31. We have highlighted in our interim orders as
also in para 7 above that commensurate to the
needs of the growing industry one finds a
perceptible shift from the hithertofore regimented
courses to interdisciplinary courses; having mixed
and merges subjects. A large number of writ
petitions are being filed on the subject of
equivalence. Our experience in the instant writ
petitions of seeking expert opinion first from the
Association of the Indian Universities and then
from the All Council for Technical Education has
left us saddened and without any guidance.
Accordingly we direct that a copy of this decision
would be sent to the Secretary, Ministry of Human
Resources Development with a direction that the
Government of India would constitute a committee
of experts in the field of technical education which
would gather the course curriculum of all the
technical degrees recognized by the UGC and
would accord equivalence which would be
displayed on the website of UGC, AICTE and the
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
9/12
Ministry of Human Resources Development
32. An affidavit would be filed by the Secretary,
Ministry of Human Resources Development in
WP(C) No.6100/2012 disclosing the names of the
members constituting the committee of experts and
the task assigned to the committee and for which
purpose we direct that though WP(C)
No.6100/2012 is disposed of by issuing the
mandamus as above, it would be listed for
directions before the Roster Bench on April 09,
2013, to ensure compliance by the Secretary,
Ministry of Human Resources Development.
Similarly, the same issue was considered by the Gauhati
High Court also in the case of Shri Wilfred Vanlaliana & Ors. Vs.
The State of Mizoram & Ors. (supra) and in that case also the issue
has been considered from para 17 onwards and in paras 19 and 20, the
principles has been crystallized in the following manner.
19. In some of the administrative departments
candidates having graduate degrees are eligible for
clerical jobs. No distinction is made for the
graduates in Arts, Commerce and Science stream.
All such graduates are treated at par. Similarly, for
being appointed as a Judicial Officer a degree in
law is essential. Till date a good number of
Universities are still giving LLB degrees with
Patna High Court LPA No.1966 of 2015 dt.19-07-2017
10/12
three years course and some of Law Schools have
started 5 years degree courses. At the same time,
LLB degrees in three years course can be obtained
by a person who has graduated in Arts, Commerce,
Science or even a person having degree in
engineering or medical science. Similarly, some
candidates may have taken 5 year degree course in
LLB and some others 3 year degree course.
However, no distinction can be made to the
candidates coming from different streams unless
the Rules clearly spell out its requirement.
20. I have already referred to a letter dated
20.6.2011issued from the office of the P & E Department to the MPSC that 13 posts of Asstt. Engineer/SDO should be divided in 5 posts for Electrical Engineering; 4 posts of Electronics Engineering and 4 posts for Mechanical Engineering course. Hence, it cannot be said that the department has no requirement of Electronic Engineers. I have already opined earlier that Electrical Engineering will include Electronics and Communication Engineering. Besides this, the appointments are to be made after a written test, which will be followed by oral interview. Hence, the MPSC is presumed to have set the question papers as per the special requirement of the department and in the oral interview also special emphasis can be given to the electrical Patna High Court LPA No.1966 of 2015 dt.19-07-2017 11/12 engineering. If a candidate can do well and is selected on his or her own merit and suitability, there is no harm if his or her degree course includes some amount of telecommunication subject. In my considered opinion, it will be an additional gain to the department to get meritorious candidates having sound knowledge of electronics engineering, with extra subjects in telecommunication, since the telecommunication has become an essential component in each and every department.
Composite reading of both the judgments of the Delhi High Court and the Gauhati High Court goes to show that the degree of Engineering, in Electrical and Electronics obtained by the appellant is equivalent to the degree in question as notified in the recruitment process and taking note of the reasons that weighed in the Delhi and Gauhati High Courts‟ judgments, we see no reason to take a different view. We accordingly, accept the same and hold the writ petitioner-
appellant to be qualified for the appointment on the post and direct the Bank to appoint him on the post for which he has participated in the selection process forthwith and permit his joining to the Bank.
It may also be taken note that the recruiting agency, being an expert body which conducted the selection process, entertained the application submitted by the petitioner-appellant and Patna High Court LPA No.1966 of 2015 dt.19-07-2017 12/12 thereafter evaluating the qualification of the petitioner found him eligible for appointment on the post, permitted him to participate in the process of selection and declared him successful, that being so it is not known as to how when the expert body has found the petitioner-
appellant eligible for selection, the respondent-Bank have acted contrary to the decision of the Selection Committee and taken decision to cancel the candidature of the petitioner-appellant. On that account also the decision of the Bank suffers from infirmity.
With the aforesaid, the appeal stands allowed and disposed of.
(Rajendra Menon, CJ)
S.Pandey/- (Anil Kumar Upadhyay, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.07.2017
Transmission
Date