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7. Heard Mr. M.K. Bhardwaj & Mr. Ajesh Luthra, learned counsel for the applicants and Mr. Amit Yadav, Mr. Amit Anand, Mr. Anuj Kumar Sharma, Mr. Saurabh Chadda and Mr. Rajneesh Kumar Sharma, learned counsel for the official respondents in respective O.As. and Ms. Sangita Rai, learned counsel for private respondents in O.A. No. 2652/2017; and perused the judgments relied upon by both sides, written submissions and records.

8. Advertisement No.01/2014 was issued for selection to the post of TGT (Computer Science), vide Post Code No. 192/14. Total number of 2026 vacancies of TGT (Computer Science) in Directorate of Education were required to be filled vide this Item No.21/C-I OA No.708/2019 Advertisement. The essential qualification prescribed for this post is as under:

11. This report undertakes to compare the course content of MCA Degree with „A‟ level and „B‟ level DOEACC course, and whether the „A‟ level which is equivalent to Advance Diploma in Computer Application, has the similar course content as that of „B‟ level which is equivalent to MCA Degree. A detailed Item No.21/C-I OA No.708/2019 comparison has been made between the „A‟ level and „B‟ level course. It is also clearly indicated that only on completion of „A‟ level course, the students can further enroll in „B‟ level course and „B‟ level course has been recognized by the Ministry of HRD as professionally equivalent to MCA Degree course. The report finally concludes that 9 subjects studied at „A‟ level are also the same starting subject for „B‟ level course and, thus, the qualification of MCA, which is equivalent to „B‟ level, pre supposes the acquisition of qualification of „A‟ level course prescribed for TGT (Computer Science) and thus it was recommended that the candidates possessing qualification of MCA and even those with M.Sc. in Computer Science should be given appointment to the post of TGT (Computer Science), which would result in induction of better qualified and meritorious teachers in the department.

14. We have taken note of the various relied upon judgments which have held that deciding equivalence is not the subject matter of the Courts. However, in the instant case, the fact remains that the equivalence was thoroughly examined by the respondents themselves and an equivalence was established by recommending that those applicants possessing MCA/M.Sc. (Computer Science) should be given appointment to the post of TGT (Computer Science). The respondents have not only taken this conscious decision but also directed the respondent No.3 to take necessary action. Certain file notings indicate that as concluded in the report by the then Director (Education) and approved by the Special Director of Education, the respondent No.3 - DSSSB was advised to consider MCA and M.Sc. (Computer Science) as the qualification equivalent to Graduation with „A‟ level diploma. Subsequent to the submission of the report by Direction (Education), specifically Item No.21/C-I OA No.708/2019 stating that the candidates possessing the qualification of MCA/M.Sc. (Computer Science) should be given appointment to the post of TGT (Computer Science), the respondents vide letter dated 16.05.2018 have directed respondent No.3 - DSSSB that the candidates possessing the qualification of MCA/M.Sc. (Computer Science) should be appointed to the post of TGT (Computer Science). The letter is as under:

15. This is, thus, a case where the applicants are possessing higher qualification than what is prescribed. This higher qualification is, however, not unrelated to the qualification sought. The academic courses in various universities and institutes prescribe subject content and papers at different levels based on the requirement of the academic exposure and competence to be acquired by the students. In the instant case, various qualifications have been prescribed towards eligibility. One such is BCA (Bachelors of Computer Applications) which makes a candidate eligible for the post of TGT (Computer Science), whereas the degree of MCA (Master of Computer Applications) is not being considered as the qualification Item No.21/C-I OA No.708/2019 required. There is another contradiction whereby a qualification of Graduation in any subject with „A‟ level course from DOEACC has been prescribed as qualification. This amounts to a Graduate in any subject, which could well be a Language or subject of Humanities or Social Science, absolutely unrelated to Computer Science, and, therefore, in no way relevant to the teaching of Computer Science. However, by even having a Graduation in any discipline and only by acquiring „A‟ level course from DOEACC which is equivalent to first year course of MCA, the candidates are being considered eligible for the post of TGT (Computer Science). This clearly means that, on one side, a BCA is required or a Graduate in Computer Science is required or a B.E./B.Tech. in Computer Science or Information Technology is required and, on the other side, one of the qualification is Graduation in any subject and only „A‟ level course from DOEACC. Similarly, M.Sc. (Computer Science) is not a qualification whereas B.Sc. (Computer Science) is acceptable. The concerned respondents have already examined this issue and arrived at a conclusion after the comparison of course content dealing with the subject, that all the papers of „A‟ level course from DOEACC are also part of the „B‟ level and, therefore, those who have acquired the degree of MCA possess the required qualification Item No.21/C-I OA No.708/2019 prescribed for both „A‟ and „B‟ level course from DOEACC. We are well aware that it is not within the scope of this Tribunal to take further academic analysis to arrive at an equivalence, especially when the respondents themselves have undertaken this exercise and have arrived at a conclusion as is evident in the report quoted above.