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2022 DIGILAW 75 (UTT)

Rajat Kapil v. State of Uttarakhand

2022-04-06

R.C.KHULBE, S.K.MISHRA

body2022
JUDGMENT : S.K. MISHRA, J. By filing this writ petition, the petitioner has prayed for the following reliefs:- “i. To issue a writ, order or direction in the nature of certiorarified mandamus to declare the impugned order dated 23.02.2021 in league with order dated 10.12.2020 as contained in Annexure Nos.1 and 2 to this writ petition as arbitrary, unjust, unreasonable, and in nullity and to quash the same along with its effect and operation also after calling the entire record from the respondents; and further command the respondents to permit the petitioner to participate in the final examination of the Assistant Conservator of Forest scheduled on 13.03.2021 had that impugned order never in existence and to treat the petitioner eligible for the post keeping in view the facts and circumstances, or to mould the relief keeping in view the facts highlighted. ii. Issue appropriate direction commanding to the respondent AICTE to forthwith issue appropriate orders or guidelines by querying the anomaly and confusion created by the respondent nos.1 to 3 regarding the equivalence of degree of Production Engineering with Mechanical Engineering keeping in view the equivalence acknowledge by the G.B. Pant Institute of Engineering and Technology (an Autonomous College). iii. To issue appropriate writ, order or direction to the State Government to forthwith setup Equivalence Committee for the purpose of comparing of equivalence and qualification by appointing experts from AICTE, UGC, GBPIET, Uttarakhand Technical University, and other Institute/University so that the unnecessary confusion may be avoided. iv. Issue any other writ, rule or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case”. 2. By virtue of an interim order passed by this Court on 05.03.2021, the petitioner was allowed to provisionally take the main examination scheduled to be held tentatively in the month of March, 2021. Thereafter, he sat in the examination, and as per the minutes of the order dated 20.12.2021, it is seen that the petitioner has cleared the competitive examination for the post of Assistant Conservator of Forests (for short “ACF”). 3. The facts of the case are not in dispute at this stage. The petitioner took admission in the G.B. Pant Institute of Engineering and Technology, Ghurdauri, Pauri Garhwal (for short “GBPIE&T”). In the year 2015, he was awarded the B.Tech degree in “Production Engineering”. 3. The facts of the case are not in dispute at this stage. The petitioner took admission in the G.B. Pant Institute of Engineering and Technology, Ghurdauri, Pauri Garhwal (for short “GBPIE&T”). In the year 2015, he was awarded the B.Tech degree in “Production Engineering”. On 12.09.2017, an advertisement for the post of ACF was issued by the Tamil Nadu Public Service Commission. On 30.07.2019, advertisement for the post of ACF was issued by the Uttarakhand Public Service Commission vide Advertisement No.A-1/E-1/ACF/2019-20. On 14.08.2019, equivalence certificate was issued to the petitioner by the GBPIE&T. On 20.08.2019, the petitioner applied online for the post of ACF. On 09.11.2019, advertisement for the post of ACF was issued by the Himachal Pradesh Public Service Commission. On 03.12.2019, Tamil Nadu State of Council for Higher Education signed a Memorandum with the All India Council for Technical Education (for short “AICTE”) regarding the Equivalence of Degree vide G.O. (Ms) No.270. On 12.02.2020, advertisement for the Indian Forest Service Examination by the Union Public Service Commission was issued. Similarly, on 21.04.2020, an advertisement was issued by the Uttar Pradesh Public Service Commission for the post of ACF. On 10.12.2020, the list of ineligible candidates was issued by the Uttarakhand Public Service Commission. On 15.12.2020, the petitioner wrote a letter to the Secretary, Uttarakhand Public Service Commission intimating that his name was shown in the list of ineligible candidates’ alongwith the reason in support to his eligibility. On 23.02.2021, the Uttarakhand Public Service Commission, disposed of the representation of the petitioner. 4. A short question that arises for consideration in this case is “Whether the petitioner who has been awarded with the B.Tech degree in “Production Engineering” is eligible to sit in the examination for selection of ACF?” 5. At first, Mr. M.C. Pant, the learned counsel for the petitioner, drew our attention to Page No.34 of the writ petition, i.e. part of Annexure No.3 which provides the essential educational qualifications. At first, Mr. M.C. Pant, the learned counsel for the petitioner, drew our attention to Page No.34 of the writ petition, i.e. part of Annexure No.3 which provides the essential educational qualifications. The same is as under:- “Essential Educational Qualification:- A candidate for direct recruitment to the post of Assistant Conservator of Forests must have a Bachelor of Science, Technology or Engineering degree from University established by law in India or an equivalent degree with at least one of the following subjects viz.- (i) Agriculture, (ii) Botany, (iii) Chemistry, (iv) Computer Application/Computer Science, (v) Engineering-Agriculture/ Chemical/ Civil/ Computer/ Electrical/ Electronics/ Mechanical, (vi) Environmental Science, (vii) Forestry, (viii) Geology, (ix) Horticulture, (x) Mathematics, (xi) Physics, (xii) Statistics, (xiii) Veterinary Science, (xiv) Zoology”. 6. Mr. Pant, the learned counsel also brought to our notice the Rule governing the field, which is filed by the Uttarakhand Public Service Commission in the counter-affidavit as an Annexure to it. The Rules were amended by the Amendment Rules of 2019. The existing Rule and the Rule that is substituted are abstracted as under:- Column - 1 Existing Rule Educational qualification 8. A candidate for direct recruitment to the post of Assistant Conservator of Forests must have a Graduation Degree from any University established by law in India or any foreign university approved by the Central Government from time to time, at least in one of the following subjects, i.e. (i) Agriculture, (ii) Botany, (iii) Chemistry, (iv) Computer Application/Computer Science, (v) Engineering-Agriculture/ Chemical/ Civil/ Computer/ Electrical/ Electronics/ Mechanical, (vi) Environmental Science, (vii) Forestry, (viii) Geology, (ix) Horticulture, (x) Mathematics, (xi) Physics, (xii) Statistics, (xiii) Veterinary Science, (xiv) Zoology. Column - 2 Rule hereby substituted Educational qualification 8. A candidate for direct recruitment to the post of Assistant Conservator of Forests must have a Bachelor of Science, Technology, or Engineering degree from University established by law in India or an equivalent degree with at least one of the following subjects viz.- (i) Agriculture, (ii) Botany, (iii) Chemistry, (iv) Computer Application/Computer Science, (v) Engineering-Agriculture/ Chemical/ Civil/ Computer/ Electrical/ Electronics/ Mechanical, (vi) Environmental Science, (vii) Forestry, (viii) Geology, (ix) Horticulture, (x) Mathematics, (xi) Physics, (xii) Statistics, (xiii) Veterinary Science, (xiv) Zoology. 7. Thus, it is clear that a candidate for direct recruitment for the post of ACF must have a degree in:- “i. Bachelor of Science; or ii. Bachelor of Technology; or iii. Bachelor of Engineering; or iv. 7. Thus, it is clear that a candidate for direct recruitment for the post of ACF must have a degree in:- “i. Bachelor of Science; or ii. Bachelor of Technology; or iii. Bachelor of Engineering; or iv. an equivalent degree having at least one of the following subjects viz.- (i) Agriculture, (ii) Botany, (iii) Chemistry, (iv) Computer Application/Computer Science, (v) Engineering-Agriculture/Chemical/Civil/Computer/Electrical/Electronics/Mechanical, (vi) Environmental Science, (vii) Forestry, (viii) Geology, (ix) Horticulture, (x) Mathematics, (xi) Physics, (xii) Statistics, (xiii) Veterinary Science, (xiv) Zoology”. 8. Thus, it is clear that a candidate having a bachelor degree in Engineering in any of the subjects mentioned hereinabove, is eligible to sit in the examination. 9. It is also seen from the mark-sheet filed by the petitioner, i.e. Annexure No.10, that in the 2nd Semester, he had 100 marks subject of Mechanical Engineering. Thus, it is clear that the petitioner had Mechanical Engineering as a subject while passing out the B.Tech in “Production Engineering”. 10. It is seen that the Director, GBPIE&T, Pauri Garhwal has given a certificate that “Production Engineering” from GBPIE&T shall be considered equivalent to “Mechanical Engineering” for admission in higher education as well as for job application. 11. Moreover, from Annexure No.7 of the writ petition, it is apparent that the Vice Chancellor (FAC), Tamil Nadu State Council for Higher Education, in his letter No.G.O. (Ms) No.270, has sent the minutes of the 2nd meeting of Equivalence Committee held on 06.11.2019, and the 3rd meeting of the Equivalence Committee held on 12.11.2019, and requested to issue necessary orders with respect to several resolutions in pursuance to the meetings held by the Equivalence Committee on 06.11.2019 and 12.11.2019. As per the 2nd meeting of the Equivalence Committee held on 06.11.2019, resolution No.230, “educational qualification of B.E./B.Tech in ‘Production Engineering’ degree offered by Anna University is equivalent to B.E./B.Tech in ‘Mechanical Engineering’ degree for the purpose of employment in Public Services”. 12. Thus, it is clear that even in the State of Tamil Nadu, B.Tech in “Production Engineering” has been considered to be equivalent to B.Tech in “Mechanical Engineering”. The same analogy can be drawn for the State of Uttarakhand also. 13. 12. Thus, it is clear that even in the State of Tamil Nadu, B.Tech in “Production Engineering” has been considered to be equivalent to B.Tech in “Mechanical Engineering”. The same analogy can be drawn for the State of Uttarakhand also. 13. Moreover, the petitioner has also prayed to this Court to give a direction to the State of Uttarakhand to setup the Equivalence Committee for the purpose of comparing the equivalence and qualification by appointing experts from AICTE, UGC, GBPIE&T, Uttarakhand Technical University and other Institutions/Universities. The Equivalence Committee has not been setup by the State Government, though many students/aspirants are facing such problems. 14. In that view of the matter, we allow the writ petition by holding that the petitioner is qualified and eligible to apply for the post of ACF, and that, in the meantime, he has already sat in the examination, faced the selection procedure, and has been selected. 15. Thus, the writ petition is allowed. The respondent No.2 is directed to forthwith recommend the name of the petitioner to the State Government for appointment, and the State Government shall issue the appointment letter to the petitioner within a period of two days hence. His seniority in the cadre of ACF shall be fixed as per his position in the merit list, and not according to the date of his joining. 16. It is also directed that the State Government shall also setup the Equivalence Committee by taking experts from various fields of education and technology within a period of forty-five days hence. 17. Urgent certified copy of this order be issued to the learned counsel for the parties, as per Rules. 18. There shall be no order as to costs.