Andhra Pradesh Public Service Commission, Hyderabad v. N. Praveena Naidu
2013-09-26
CHALLA KODANDA RAM, L.NARASIMHA REDDY
body2013
DigiLaw.ai
JUDGMENT L. NARASIMHA REDDY, J. The petitioner herein issued notification dated 8.11.2011, inviting applications for the posts of Junior Stenographers of different categories in various departments. The 1st respondent (hereinafter referred to as 'the respondent') herein submitted an application for the post of Junior Stenographers in the A.P. Ministerial Services. The qualifications prescribed for the post are, that (a) a candidate must have passed in Intermediate Examination or its equivalent examination, (b) must have passed the Government Technical Examination in Typewriting Higher Grade in the relevant language, and (c) the Government Technical Examination in Shorthand Higher Grade in the relevant language. The respondent did not pass the Intermediate Examination. However, she obtained Post-graduation, i.e., M.A Degree in Public Administration, through distant mode from Madhurai Kamaraj University. A written test was held on 22.1.2012 and in the results, that were published on 05.5.2012, the name of the respondent figured in the list of selected candidates. 2. The petitioner did not appoint the respondent as Junior Stenographer, on the ground that she did not hold the prescribed qualification of pass in Intermediate Examination. The respondent, however, pleaded that she possesses the Post-graduation i.e. M.A. through distance mode, and since it is superior to the one, prescribed by the petitioner, she is entitled to be considered for appointment. Since her candidature was not considered, the respondent filed OA No. 4064 of 2012 before the A.P. Administrative Tribunal, Hyderabad, against the petitioner and respondents 2 and 3. Through its order dated 21.3.2013, the Tribunal allowed the O.A. Hence, this writ petition. 3. Sri G. Vivekanand, learned Counsel for the petitioner submits that the respondent did not hold the basic educational qualification, i.e., pass in Intermediate, and accordingly she was not eligible to apply at all. He submits that the M.A Degree, said to have been obtained by the respondent cannot be taken into account, inasmuch as it was obtained without passing Graduation, either through regular or distance mode. He has placed reliance upon the judgment of the Supreme Court in Annamalai University v. Secretary to Government, Information and Tourism Department and others, (2009) 4 SCC 590 . Learned Counsel further submits that the Bachelor's Degrees obtained through Distance Education are taken into account only where the prescribed qualification is a Degree, if it required, and wherever it is obtained through distance education, it has been certified by the Distance Education Council.
Learned Counsel further submits that the Bachelor's Degrees obtained through Distance Education are taken into account only where the prescribed qualification is a Degree, if it required, and wherever it is obtained through distance education, it has been certified by the Distance Education Council. He submits that the order passed by the Tribunal is contrary to the judgment rendered by the Supreme Court. 4. Sri V. Madhusudan Rao, learned Counsel for the respondent, on the other hand, submits that his client has been permitted to appear in the written examination only on being satisfied that she fulfils the requisite qualification. He contends that the possession of a superior qualification cannot be a ground to deny appointment to the respondent, that too, after she has been found to have been selected, and scoring fairly good marks in the written test. He placed reliance upon a Division Bench judgment of this Court, in District Collector, Anantapur and others v. K. Sujatha, 2001 (4) ALD 158 (DB). 5. The area of controversy in this writ petition is in a narrow compass. It is only about the question as to whether the respondent possesses one of the prescribed qualifications, viz., pass in Intermediate Examination. For the post of Junior Stenographers in A.P. Ministerial Services, the notification has prescribed the following qualifications: Name of the Post Educational Qualifications Junior Stenographers (i) Must have passed Intermediate Examination or its in A.P. Ministerial equivalent Examination. Services (ii) Must have passed the Government Technical Examination in Typewriting by the Higher Grade in the relevant language; and (iii) The Government Technical Examination in Shorthand by the Higher Grade in the relevant language. If however persons who have passed the examinations in Typewriting or Shorthand by the Higher Grade are not available those who have passed the examination by the Lower Grade may be appointed. 6. Admittedly, the respondent did not pass the Intermediate Examination. On the other hand, she holds the M.A. Degree in Public Administration, through distance mode. It is not in dispute that she has passed the Typewriting and Shorthand Examinations and has scored fairly high marks in the written test, which would otherwise enables her to be selected. 7. The prescription of a basic educational qualification has its own significance. The appointing authority prescribes it, after taking into account, the various aspects.
It is not in dispute that she has passed the Typewriting and Shorthand Examinations and has scored fairly high marks in the written test, which would otherwise enables her to be selected. 7. The prescription of a basic educational qualification has its own significance. The appointing authority prescribes it, after taking into account, the various aspects. Even if it is possible to argue that once a person holds the special qualifications and proved his or her proficiency about the job requirement, it is not for the Court or any other agency to substitute its opinions for that of the appointing authority. 8. In District Collector, Anantapur and others v. K. Sujatha (supra), a Division Bench of this Court expressed the view that mere fact that a candidate possesses superior qualification is not a disqualification, to be considered for employment. That, however, is a case, in which, the question was, as to whether if a person holds superior qualification, in addition to what was prescribed by the appointing authority, it cannot be treated as disqualification. For instance, organizations, like the Life Insurance Corporation, there are stipulations to the effect that for the post of Office Subordinates or Attenders, for which the qualification is, pass in X Class, persons holding any superior qualifications are prohibited from applying. In certain cases, it was held that possession of a superior qualification, in addition to what is prescribed as minimum, cannot be treated as the disqualification. That, however, is not the issue here. Admittedly, the respondent did not pass the Intermediate Examination. 9. Vehement argument was advanced to convince this Court that M.A. Degree possessed by the respondent can certainly be treated as superior to the one, of pass in Intermediate, and she can be treated as having fulfilled the qualifications. It has already been mentioned that, if the appointing authority has stipulated a particular qualification, it is not for any Court to substitute it, with another, howsoever advisable, or superior it may be. 10. Secondly, assuming that Post-graduation can certainly be treated as superior to the one, at the stage of 10+2, it needs to be seen as to whether post-graduation obtained by the respondent can be recognized in law. 11.
10. Secondly, assuming that Post-graduation can certainly be treated as superior to the one, at the stage of 10+2, it needs to be seen as to whether post-graduation obtained by the respondent can be recognized in law. 11. The University Grants Commission, which stipulates the pattern of education at higher levels; has issued guidelines from time to time, not only as regards the regular courses, but also those, imparted through distance mode. One of the important features of distance mode education is that, the admission thereto would not depend upon pass in the relevant inferior courses, prescribed in the regular pattern. For example, in the regular pattern of examination, a student can get admission into a degree course, if only he has passed the Intermediate or its equivalent at the 10+2 stage. In the distance mode education, however, it is not necessary that a candidate must have passed the Intermediate. A notification was issued on 25.11.1985 by the UGC, prescribing the guidelines for distance mode courses. The relevant portion reads: "2. Admission/students.-(1) No student shall be eligible for admission to the first degree course through non-formal/distance education unless he has successfully completed 12 years’ schooling through an examination conducted by a Board/University. In case there is no previous academic record, he shall be eligible for admission if he has passed an entrance test conducted by the University provided that he is not below the age of 21 years on July 1 of the year of admission. (2) No student shall be eligible for the award of the first degree unless he has successfully completed a three-year course; this degree may be called the BA/BSc/B.Com (general/honours/special) degree as the case may be: Provided that no student shall be eligible to seek admission to the Masters course in these faculties, who has not successfully pursued the first degree course of three years’ duration; Provided further that, as a transitory measure where the Universities are unable to change over to a three-year degree course, they may award a BA/BSc/BCom (pass) degree on successful completion of two year course, but that no student of this stream shall be eligible for admission to the Masters course unless he has undergone a further one-year bridge course and passed the same. The three-year degree course after 10+2 stage should in no case be termed as BA/BSc/BCom (pass) degree. 6.
The three-year degree course after 10+2 stage should in no case be termed as BA/BSc/BCom (pass) degree. 6. Information.-Every University providing instruction through non-formal/distance education shall furnish to the University Grants Commission information relating to the observance of these Regulations in the form prescribed for the purpose. The information shall be supplied to the University Grants Commission within 60 days of the close of the academic year. 7. The University Grants Commission shall have the right to grant relaxation to a University in regard to the date of implementation or for admission to the first or second degree courses or to give exemption for a specified period in regard to other clauses in the Regulations on the merit of each case." Regulations 6 and 7 were renumbered as Regulations 7 and 8 at a later stage". 12. From this, it becomes clear that though a candidate who crossed the age of 21 years, as on July of the concerned year, can be considered to an undergraduate course, even if he has no previous academic record, he can be admitted to postgraduate course only after completion of the degree course. The pattern of distance mode education does not permit of a student to get admission straight away into postgraduate course. Admittedly, the respondent did not pass the Bachelor's Degree. 13. Dealing with similar instance, the Supreme Court in Annamalai University v. Secretary to Government (supra), held that any degree, through distance mode, obtained in contravention of the UGC guidelines, cannot be recognized in law, at all. Even ex post facto recognition given for certain courses, imparted in contravention of the rules, was held to be untenable. The action taken by the Distance Education Council in approving such degrees was held to be illegal. The contention that the UGC Act does not cover situations of that nature, was repelled. 14. In view of the law laid down by the Supreme Court, in Annamalai University v. Secretary to Government (supra), it is not at all possible to recognize the M.A. degree course obtained by the respondent. 15. The Tribunal, however, did not take into account, the judgment of the Supreme Court. It is no doubt true that the notification itself recognizes certain courses, which are imparted through distance mode. That, however, is in the context of the posts, for which the prescribed qualification is Graduation.
15. The Tribunal, however, did not take into account, the judgment of the Supreme Court. It is no doubt true that the notification itself recognizes certain courses, which are imparted through distance mode. That, however, is in the context of the posts, for which the prescribed qualification is Graduation. For the second post in the notification, i.e. Junior Stenographers in A.P. Secretariat Sub-Service, the educational qualification prescribed is, pass in Bachelor's Degree. What clause 14 of the notification mandates is that the Degree, if obtained through Distance Mode, must be the one, which is equated by the Distance Education Council. By no stretch of imagination, Clause 14 of the notification would validate the Degree, obtained by the respondent. 16. The writ petition is accordingly allowed, and the order passed by the Tribunal is set aside. 17. The miscellaneous petition filed in this writ petition shall also stand disposed of. There shall be no order as to costs.