Indian Kanoon - Search engine for Indian Law

3. Brief facts as stated in the memo of the petition are as under:

NEUTRAL CITATION C/SCA/1214/2020 CAV JUDGMENT DATED: 14/08/2025 undefined 3.1 It is the case of the petitioner in this petition that the petitioner has passed B.Com in the year 2015 and in the year 2016, awarded CA with 63.17% (First Class) in first attempt. It is further the case of the petitioner in this petition that on 31.10.2019, SVNIT issued the advertisement for the post of Asst. Registrar and the petitioner has made application to Ministry of Human Resources. Furthermore, on 22.11.2019, Patna IIT notification for Non-Teaching Staff CA considered as equivalent to Post Graduate Degree. On 25.11.2019, the petitioner met Registrar SVNIT, who suggested to apply, and appear. It is further the case of the petitioner in this petition that on 26.11.2019, the petitioner made online portal, which came to be registered as SVNIT/2019/11/1242. It is further the case of the petitioner in this petition that on 10.12.2019, the Registrar of SVNIT replied vaguely that advertisement is issued as per RR for non-teaching staff without dealing with grievance and after petitioner had made application on 26.11.2019 and last date of filing application was 27.11.2019, it was said by the Registrar to make application. On 04.01.2020, the petitioner appeared in NEUTRAL CITATION C/SCA/1214/2020 CAV JUDGMENT DATED: 14/08/2025 undefined written test and on 04.01.2020, the result of written test was declared, petitioner declared as successful, figured at Sr.01. It is further the case of the petitioner in this petition that on 04.01.2020, the document verification was conducted, wherein, the petitioner wasn't informed that he is not qualified and on 05.01.2020, the next date, the petitioner was informed telephonically that show some document that you're having equivalent certificate, before finalizing list, said documents do not verify the equivalent status. Then back dated list was published.

It is further the case of the petitioner in this petition that on 06.01.2020, the petitioner requested to the Registrar, SVNIT, via email that "though securing highest marks in written test and possessing all the qualification, name petitioner is not included in the list for interview." The same was replied by Registrar of SVNIT on 06.01.2020 stating that "you have failed to show necessary document that CA degree is equivalent to master degree". Hence, the present petition has been preferred.

5.1 Mr. Harsh Raval, learned advocate for the petitioner has submitted that the petitioner is having qualification of Chartered Accountant and B.Com. He has further submitted that SVNIT issued recruitment for the post of Deputy Registrar and Assistant Registrar. He has submitted that total three posts were advertised for the post of Assistant Registrar wherein two were for unreserved and one was reserved for OBC candidates. He has further submitted that the qualification for the post of Assistant Registrar, as mentioned in the advertisement is the master's degree in any discipline with at least 55% marks or its equivalent Grade in the CGPA/UGC point scale with good academic record from the recognized University/Institute. He has further submitted that the petitioner has made representation seeking clarification and stay against the recruitment and SVNIT replied to grievance stating that the recruitment is underway as per recruitment Rules for non-teaching staff of NITs based on the recommendation of oversight committee notified by MHRD.

5.3 He has further submitted that SVNIT has responded e-mail of the petitioner stating that the petitioner was failed to show necessary documents that CA degree is equivalent to master's degree. Therefore, the petitioner preferred present writ petition on 16.01.2020. He has further submitted that by way of interim order, the Court has directed that the recruitment will be subject to outcome of this petition and SVNIT will be free to hold interview, if they wanted to do so. He has further submitted that SVNIT sought NEUTRAL CITATION C/SCA/1214/2020 CAV JUDGMENT DATED: 14/08/2025 undefined clarification that SVNIT sought clarification from MHRD and the MHRD has responsed by giving clarification by letter dated 18.02.2020. MHRD conveyed that they have sought clarification from AIU (Association of Indian universities). He has further submitted that thereafter, University Grant Commission through Public Notice declared that the CA/CS/ICWA qualification be considered equivalent to PG Degree. He has further submitted that AIU declared that CA is to be considered equivalent for the purpose of registration in PH.D. and SVNIT is a member University of AIU (Association of India Universities). He has further submitted that the petitioner has filed Application under the RTI from AIU and Deptmental Secretary of AIU declared that the Regulatory Body i.e. UGC has issued a notification and the same is needed to be taken into reference by the letter from AIU dated 15.09.2021. He has further submitted that Malaviya National Institute of Technology invited the petitioner for interview for the post of Assi.