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2018 DIGILAW 1837 (JHR)

Sarweshwari Kumari wife of Sitaram Sahu v. State of Jharkhand

2018-08-14

ANUBHA RAWAT CHOUDHARY

body2018
JUDGMENT : Heard Mr. Abhishek Kumar, counsel appearing for the petitioner. 2. Heard Mr. Apurv, counsel appearing for the respondent-State. 3. This writ petition has been filed for the following reliefs : “For issuance of an appropriate writs, orders or directions, particularly in the nature of Certiorari for quashing the notice issued by respondent No. 3 in Daily Newspaper “Prabhat Khabar” dated 6.12.2014, whereby and whereunder, the candidature of the petitioner has been cancelled, which is absolutely illegal and further prays for a direction upon the respondent authorities to consider the case of the petitioner for appointment to the post of lady supervisor in pursuant to the Advertisement No. 3(pa)/2013 AND/OR to grant such other relief/reliefs as Your Lordship may deem fit and proper to do conscionable justice to the petitioner.” 4. Counsel for the petitioner submits that the petitioner has a graduation degree in Social Work from Indira Gandhi National Open University and the degree was awarded to her in the year, 2013 upon completing the course in December, 2012. He submits that an advertisement was issued by the State of Jharkhand in the year, 2013 inter-alia for the post of Lady Supervisor. As per the prescribed qualification in the advertisement, the candidate should have a minimum graduation degree in the subject of Sociology, Psychology, Home Science or Child Development subject/subjects or any equivalent degree. 5. Counsel for the petitioner further submits that the degree which has been granted to the petitioner in Social Work is one of the equivalent degrees to the minimum qualification prescribed in the advertisement and accordingly, the petitioner had applied pursuant to the said advertisement. 6. Counsel for the petitioner submits that a show-cause notice was issued to the petitioner in connection with the candidature of the petitioner pursuant to which the petitioner filed a detailed reply before the respondent no.3. By referring to integrated Child Development Service Scheme of the Union of India, it was submitted by the petitioner before the said authority that the degree in Social Work should be treated equivalent to degree in Sociology. 7. By referring to integrated Child Development Service Scheme of the Union of India, it was submitted by the petitioner before the said authority that the degree in Social Work should be treated equivalent to degree in Sociology. 7. Counsel for the petitioner has referred to Annexure-8, which is extract from letter No. 6-II/75-CD dated 21.08.1975 from the Ministry of Social Welfare, Government of India and by referring to para 4(ii) of the said letter he submits that for the purposes of Child Development Project Scheme a graduate degree in Social Work has been acknowledged by Union of India and therefore, it should be read into the advertisement so as to include the degree of Social Work granted to the petitioner being that of equivalent degree. 8. After hearing the counsel for the petitioner and after going through the materials on record, this Court finds that the post of Lady Supervisor was advertised by clearly indicating the minimum qualification as a graduate degree in Sociology or Psychology or Home Science or Child Development subject/subjects or any degree equivalent to the same. The contention of the petitioner that the degree in Sociology is equivalent to a degree in Social Work has no basis and this Court is of the considered view that Sociology and Social Work are two different subjects although they may be co-related. There is no material on record to indicate that the degree in Sociology can be treated as equivalent to a degree in Social Work. Accordingly, this contention of the petitioner that degree in Social Work is equivalent to a degree in Sociology is hereby rejected. 9. Further, the reliance of the petitioner on the extract of the letter issued by Ministry of Social Welfare, Government of India in relation to integrated Child Development Service Scheme which provides the qualification for Child Development Project Officer to be a graduate in Child Development Social Work or Home Science or Nutrition cannot be read into the advertisement involved in this case and issued by the State of Jharkhand. Merely because a particular qualification is prescribed by Ministry of Social Welfare, Government of India, that cannot be read into prescribed qualification for any service issued under the State Government unless the State Government itself takes a decision to include such degree as a minimum qualification in the advertisement. 10. Merely because a particular qualification is prescribed by Ministry of Social Welfare, Government of India, that cannot be read into prescribed qualification for any service issued under the State Government unless the State Government itself takes a decision to include such degree as a minimum qualification in the advertisement. 10. In this view of the matter, this Court does not find any merit in this writ petition and accordingly, this writ petition is dismissed.