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Gauhati High Court · body

2019 DIGILAW 462 (GAU)

Lalrammawia v. Mizoram Public Service Commission

2019-04-10

MICHAEL ZOTHANKHUMA

body2019
JUDGMENT : 1. Heard Mr. A.R. Malhotra, the learned counsel for the petitioner and Mrs. Dinari T. Azyu, the learned counsel for the respondent No. 1 (MPSC). Also heard Mrs. H. Lalmalsawmi, Government Advocate for the respondent Nos. 2 and 3. 2. The Mizoram Public Service Commission vide Advertisement No. 26 of 2017 - 2018 dated 6.09.2017 invited applications from intending candidates for 4 (four) posts of Sericulture Extension Officer. The qualification prescribed for the posts as per the advertisement is B.Sc. (Biology) with Post Graduate Diploma in Sericulture. The petitioner, who possess B.Sc. (Agriculture) with M.Sc in Sericulture applied for the post. However, his application was rejected by MPSC on the ground that he did not possess the qualification of B.Sc (Biology) with Post Graduate Diploma in Sericulture. The rejection of his application was communicated to him through the letter dated 1.12.2017, issued by the Deputy Controller of Examinations, MPSC. Being aggrieved, the petitioner has come to this Court. 3. Thereafter, the respondent No. 1 submitted a letter to the Secretary to the Government of Mizoram, Sericulture Department requesting for a clarification regarding the filling up of the 4 (four) vacant posts of Sericulture Extension Officer, inasmuch as, none of the candidates who had submitted their applications had the prescribed eligibility criteria, which is B.Sc (Biology). 4. The Under Secretary to the Government of Mizoram, Department of Personnel & Administrative Reform (GSW) thereafter, wrote a letter dated 05.04.2018 to the respondent No. 1, in reply to the MPSC letter dated 13.12.2017 stating that:- "2. The term "B.Sc Biology" appearing in Column 8 of the Schedule annexed to the Mizoram Sericulture Department (Group B Gazetted) Recruitment Rules, 2014 essentially implies Bachelor of Science Degree in any of the multiple branches of Biology, the science of life, the prominent ones being Botany, Zoology, Biotechnology, Biochemistry, Microbiology, etc." Consequently, the MPSC has started the selection process of candidates for recruitment to the 4 vacant posts of Sericulture Extension Officer, who have B.Sc Degree in Botany, Zoology, Biotechnology, Biochemistry, Microbiology. The petitioner has however, been allowed to participate in the selection process on the basis of a Court order and subject to the outcome of the present writ petition. 5. The petitioner has however, been allowed to participate in the selection process on the basis of a Court order and subject to the outcome of the present writ petition. 5. The petitioners counsel submits that the clarification made by the DP&AR, vide letter dated 05.04.2018 to the MPSC letter dated 13.12.2017, has stated that B.Sc Biology implies Bachelor of Science Degree in any of the multiple branches of Biology, the science of life, the prominent ones being Botany, Zoology, Biotechnology, Biochemistry, Microbiology, etc. He submits that the State respondents have not clarified as to whether the qualification acquired by the petitioner would come within the term etc. He also submits that the petitioner having acquired the Degree of B.Sc Agriculture with M.Sc in Sericulture, the same is also a part of Biology, which is a scientific study of life. He, accordingly, submits that as the petitioner has a Master Degree in Sericulture, it can be assumed that he has acquired the lower qualification of Master Degree in Sericulture (Diploma). 6. Mrs. Dinari. T. Azyu, the learned counsel for the respondent No. 1 (MPSC) submits that the Mizoram Sericulture Department (Group B post Gazetted) Recruitment Rules, 2014, hereinafter referred to as the 2014 Rules, regulated the method of recruitment to the post of Sericulture Extension Officer and the prescribed qualification required for direct recruitment was B.Sc (Biology) with Post Graduate (Diploma) in Sericulture. She submits that none of the applicants for the post in pursuant to the Advertisement dated 06.09.2017 had the qualification B.Sc (Biology). It was in that context that the respondent No. 1 had asked for a clarification from the State Government. The State Government has however not given a full encompassing clarification, as the clarification with regard to the sciences, which were to be included in B.Sc (Biology) included the word "etc". She thus submits that the respondent No. 1 is unsure whether the petitioner’s qualification would come within the term "etc". However, in view of the Clarificatory letter dated 05.04.2018 issued by the DP&AR, the MPSC has only accepted the applications of persons who are having B.Sc in Botany, Zoology, Biotechnology, Biochemistry, Microbiology. 7. Mrs. H. Lalmalsawmi, the learned counsel for the respondent Nos. However, in view of the Clarificatory letter dated 05.04.2018 issued by the DP&AR, the MPSC has only accepted the applications of persons who are having B.Sc in Botany, Zoology, Biotechnology, Biochemistry, Microbiology. 7. Mrs. H. Lalmalsawmi, the learned counsel for the respondent Nos. 2 and 3 submits that the 2014 Rules requires a candidate, for recruitment to the post of Sericulture Extension Officer, to have the educational qualification of B.Sc (Biology) with Post Graduate (Diploma) in Sericulture. However, none of the candidates had B.Sc (Biology), though B.Sc (Biology) includes multiple branches of Biology, as reflected in the DP&AR letter dated 05.04.2018. However, she is not sure with regard to whether the petitioners qualification comes within the word "etc" as reflected in the DP&AR letter dated 05.04.2018. She however submits that candidates who have B.Sc in prominent branches of Biology, such as Botany, Zoology, Biotechnology, Biochemistry, Microbiology can be considered for appointment to the vacant post, as per the 2014 Rules. 8. I have heard the learned counsels for the parties. 9. The 2014 Rules requires the candidates who are to be directly recruited to the post of Sericulture Extension Officer, to have the educational qualification of B.Sc (Biology) with Post Graduate (Diploma) in Sericulture. 10. Apparently, none of the applicants who had submitted their applications had B.Sc (Biology), though they had B.Sc in the prominent branches of Biology, such as Botany, Zoology, Biotechnology, Biochemistry, Microbiology. 11. The clarification made by the DP&AR, vide letter dated 05.04.2018 to the letter dated 13.12.2017, issued by the MPSC is re-quoted again and the same states at paragraph 2 as follows:- "2. The term "B.Sc Biology" appearing in Column 8 of the Schedule annexed to the Mizoram Sericulture Department (Group B Gazetted) Recruitment Rules, 2014 essentially implies Bachelor of Science Degree in any of the multiple branches of Biology, the science of life, the prominent ones being Botany, Zoology, Biotechnology, Biochemistry, Microbiology, etc." 12. The word "etc" appearing at the end of the said letter does not give any clarification whether the petitioner’s educational qualification is a branch of Biology. Be that as it may, the 2014 Rules requires a candidate to have B.Sc (Biology) with Post Graduate (Diploma) in Sericulture. On a plain reading of the 2014 Rules, the said 2014 Rules has not allowed for the term B.Sc (Biology) to be inclusive of Botany, Zoology, Biotechnology, Biochemistry, Microbiology or Agriculture. 13. Be that as it may, the 2014 Rules requires a candidate to have B.Sc (Biology) with Post Graduate (Diploma) in Sericulture. On a plain reading of the 2014 Rules, the said 2014 Rules has not allowed for the term B.Sc (Biology) to be inclusive of Botany, Zoology, Biotechnology, Biochemistry, Microbiology or Agriculture. 13. It is settled law that Court cannot read words into a statute, which is not there. The Court cannot read anything into a statutory provision or reread the provision which is plain and unambiguous. In the present case, the 2014 Rules clearly stipulates that the educational qualification of a direct recruit for the post of Sericulture Extension Officer will be B.Sc (Biology) with Post Graduate (Diploma) in Sericulture. Though the State respondent Nos. 2 and 3 have stated in their letter dated 05.04.2018 that the term B.Sc (Biology) implies Bachelor of Science Degree in any of the multiple branches of Biology, no such clarification has been published in the Advertisement dated 06.09.2017. Also, the State respondents have made the educational qualification B.Sc (Biology) ambiguous by including the term "etc" as one of the multiple branches of Biology. It is the view of this Court that if the educational qualification B.Sc (Biology) included B.Sc Botany, Zoology, Biotechnology, Biochemistry, Microbiology and etc., the same should have been clarified by the respondents in their advertisement. However, without making the said clarification in the Advertisement dated 06.09.2017, the respondents have allowed candidates having B.Sc Botany, Zoology, Biotechnology, Biochemistry, Microbiology to take part in the selection process, while not accepting the candidature of the petitioner, even though there is no denial by them that Agriculture is a Branch of Biology. In the present case, not only has the State respondents not clarified the educational qualification required for candidates, but have also kept silent in respect of the petitioners submission that Agriculture is a Branch of Biology. In the case of Jyoti K.K. & Ors Vs Kerala State Service Commission, reported in (2010) 15 SCC 596, the Apex Court has held that the qualification of a Degree in Electrical Engineering presupposes the acquisition of the lower qualification of Diploma in that subject prescribed for the post and the same shall be considered to be sufficient for that post. However, in the case of State of Punjab & Ors Vs Anita & Ors, reported in (2015) 2 SCC 170 , the Apex Court has held that in Jyoti K.K. (Supra), Rule 10(a)(ii) stipulated that possession of higher qualification can presuppose the acquisition of a lower qualification provided for the post. Thus, the Apex Court held in State of Punjab Vs Anita (Supra), that higher qualification does not always presuppose having the basic qualification for a post, if a similar Rule 10(a)(2) was not in existence in respect of that particular case. 14. In this particular case, the State respondents have started the selection process and have only now stated that the candidates who also have the qualification of B.Sc Botany, Zoology, Biotechnology, Biochemistry, Microbiology and etc. are also eligible to be considered for the vacant posts. There is violation of Articles 14 and 16 of those persons who have the said qualification, but did not apply, due to the advertisement stating that the educational qualification required was B.Sc (Biology) only. The advertisement of the State respondents is ambiguous and the clarification made in the letter dated 05.04.2018 should have been in the advertisement. Further, as stated earlier, the State respondents have till date not clarified whether the petitioner’s educational qualification comes within the term "etc". Further, the petitioners pleadings in para 12 of the writ petition, which is to the effect that Agriculture is a branch of Biology, is not denied by the State respondents. In the case of Naseem Bano Vs State of UP, reported in 1993 Supple 4 SCC 46, the Apex Court has held that averments are deemed to be admitted, if not controverted. This Court is also of the view that the State respondents could not have expanded upon the ambit of prescribed educational qualification stipulated in the 2014 Rules, as the same is unambiguous and clear. If the State respondents were to qualify the ambit of the prescribed educational qualification, the same should have been qualified clearly without leaving any room for ambiguity. 15. Accordingly, in the view of this Court, the educational qualification required of candidates for direct recruitment to the post of Sericulture Extension Officer has to be read without any ambiguity. If the State respondents were to qualify the ambit of the prescribed educational qualification, the same should have been qualified clearly without leaving any room for ambiguity. 15. Accordingly, in the view of this Court, the educational qualification required of candidates for direct recruitment to the post of Sericulture Extension Officer has to be read without any ambiguity. Any other reading of the educational qualification, other than B.Sc Biology simpliciter, brings in an element of the likelihood of mischief coming into play, especially with the clarificatory letter dated 05.04.2018. Further, as stated above, there is no denial by the State respondents that Agriculture is not a branch of Biology. Thus, any selection process that has taken place in pursuant to the Advertisement dated 06.09.2017, during the validity of the 2014 Rules, involving candidates who do not have acquired eligibility criteria as per the 2014 Rules, i.e. B.Sc (Biology) has to be declared as null and void, as they are de hors the 2014 Rules. Accordingly, any selection process that has taken place in pursuant to the advertisement dated 06.09.2017 is accordingly set aside. 16. It is stated at the Bar that the 2014 Rules has been amended vide the Mizoram Sericulture Department (Group B post Gazetted) Recruitment (Amendment) Rules, 2018, hereinafter referred to as the 2018 Amendment Rules. The eligibility criteria for a candidate for direct recruitment for the post of Sericulture Extension Officer, as per the 2018 Amendment Rules, requires a candidate to have the educational qualification of M.Sc (Sericulture) from a recognized University or B.Sc (Sericulture) (4 years degree course) from a recognized University or B.Sc with Post Graduate Diploma in Sericulture. 17. In view of the above, the 4 (four) vacant posts of Sericulture Extension Officer (SEO) should be filled up as per the 2018 Amendment Rules by advertising the same in newspapers and in the other forms of the Media. 18. Fresh selection process is required to be done as per the 2018 Amendment Rules, so as to enable those persons who had not applied for the posts earlier, due to them not having B.Sc (Biology), to take part in the selection process, as otherwise, the selection process would be open to the charge of being in violation of Articles 14 and 16 of the Constitution. 19. With the above observations and directions, the writ petition is accordingly disposed of. 20. 19. With the above observations and directions, the writ petition is accordingly disposed of. 20. Registry to supply a copy of this order to the counsel for the respondent No. 1. 21. The interim order passed earlier stands merged with the present order.