ORDER : 1. The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “..to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the Memo No. 560/JL/2018, dated 04.02.2021 issued by the 3rd respondent in rejecting the Petitioner's candidature for the post of Junior Lecturer in A.P. Intermediate Education on the ground that his qualification of M.Sc Bio-Science is not equivalent to M.Sc. Zoology as per Lr.No.APSCHE/AC/JL/Recruitment/Equivalence/2020, dated 11.01.2021 issued by the 2nd respondent despite the 4th respondent categorically opined that M.Sc Bio-Science is equivalent to M.Sc Zoology by a letter in SSSIHL/20- 21/141/1698, dated 07.11.2020 and without obtaining expert opinion from the competent authority as illegal, arbitrary, contrary to the notification and Unconstitutional and consequently direct the 3rd respondent to select the Petitioner's candidature for the post of Junior Lecturer in A.P. Intermediate Education by setting-aside the above impugned proceedings issued by the 3rd respondent and to pass such other order or orders..” 2. Heard the learned counsel for the petitioner, learned Government Pleader for the respondents, learned standing counsel for the 2nd and 3rd respondents, and learned counsel for the unofficial 4th respondent. 3. The facts of the case in brief is that the petitioner herein is belonged to BC-B category and completed five years programme of M.Sc. (Bio-Sciences) in the year 2010 from the 4th respondent deemed University. He further submitted that he was selected as Assistant Professor/Lectureship on 27.07.2012 through A.P. State Eligibility Test (APSET-2012) conducted by the Osmania University, Hyderabad. Then he also selected for Joint CSIR-UGC test for Eligibility for Lectureship (NET) held on 20.12.2015 conducted by the Council for Scientific & Industrial Research, New Delhi and a certificate was issued on 05.10.2016 to that effect. Thereafter, he had been worked as Assistant Professor/Lecturer in various private institutions in the states of Andhra Pradesh and Karnataka. He further submitted that he applied for the post of Junior Lecturer in Zoology subject in connection with the Notification No. 22/2018, dated 28.12.2018 issued by the 3rd respondent for filling up of vacancies in various subjects regarding Junior Lecturer posts in A.P. Intermediate Education. After considering the marks secured in the written examination, the 3rd respondent issued call letter to him intimating that the verification of certificates and interview will be held on 18.11.2020 at 3rd respondent's office.
After considering the marks secured in the written examination, the 3rd respondent issued call letter to him intimating that the verification of certificates and interview will be held on 18.11.2020 at 3rd respondent's office. Accordingly, he appeared for interview and certificates also verified. He also submitted that his name was not mentioned in the results of the selected persons list announced on 02.02.2021 by the 3rd respondent but he received a mail from the 3rd respondent on 15.02.2021 stating that his candidature was rejected on the ground of his Post Graduation degree i.e. M.Sc. (Bio-Sciences) is not equivalent to M.Sc. (Zoology). 4. Learned counsel for the petitioner submitted that the application as well as certificates of the petitioner is verified and allowed for written examination and also for interview. After completion of the interview, at the stage of verification of certificates the candidature of the petitioner was rejected on the ground that M.Sc. (Biosciences) of the 4th respondent institution is not equivalent to M.Sc. (zoology). The learned counsel for the petitioner contended that the 3rd respondent issued a Notification No. 22/2018, dated 28.12.2018 for filling up of vacancies in various subjects for Junior Lecturer posts in A.P. Intermediate Education, wherein in respect of Zoology Subject which is at Serial No.11 notified four (04) posts under Carried Forward category and Sixteen (16) posts under Fresh Vacancies category and in respect of Zoology Subject pertaining to Educational Qualifications, it is clearly mentioned that, “a person must possess a Second Class Post Graduate Degree (M.A., or M.Sc., or M.Com., OR B.A.(Hons) or B.Sc (Hons) or B.Com(Hons) or any other equivalent Post Graduate Degree in the relevant subject/language of any university in India Established or incorporated by or under a Central Act, State Act, or a provincial Act or an institution recognized by the University Grants Commission or an equivalent qualification with a minimum of 50% marks in Post Graduate Degree Examination.” Therefore, the M.Sc (Biosciences) awarded by the 4th respondent is equivalent Subject to M.Sc. (Zoology) and it is also recognized university by the University Grants Commission. 5. Learned counsel for the petitioner further submitted that the 5th respondent addressed a letter to the 3rd respondent dated 05.03.2009 as well as 22.01.2007 and 04.01.2007 which specifies that the subject of particular university is not equivalent to the subject as specified by 3rd respondent.
(Zoology) and it is also recognized university by the University Grants Commission. 5. Learned counsel for the petitioner further submitted that the 5th respondent addressed a letter to the 3rd respondent dated 05.03.2009 as well as 22.01.2007 and 04.01.2007 which specifies that the subject of particular university is not equivalent to the subject as specified by 3rd respondent. The proceedings issued by the 5th respondent and addressed to the 3rd respondent under which the subjects offered and awarded by the universities were excluded as equivalent to M.Sc. (Zoology) wherein the M.Sc. (Biosciences) of the 4th respondent university not included. Therefore, the M.Sc. (Biosciences) of 4th respondent university is excluded and recognized as equivalent to M.Sc. (Zoology). 6. Learned counsel for the petitioner further submitted that the 4th respondent university specifically issued a proceedings dated 07.11.2020, wherein it is specifically observed that the five year programme of M.Sc. (Biosciences) of this university is equivalent to that of any M.Sc. (Zoology) degree offered and awarded by the other recognized universities. 7. Learned counsel for the petitioner further submitted that the petitioner was awarded M.Sc. (Biosciences) by the 4th respondent university as five years integrated course and petitioner also qualified from APSET, 2012 for Assistant Professor/Lectureship held on 27.07.2012 by the 1st respondent in the subject of Life Sciences and the petitioner was also qualified joint CSIR-UGC Test for Junior Research Fellowship and Eligibility for Lectureship (NET) held on 20.12.2018 by the Council of Scientific & Industrial Research institute under the Ministry of Human Resource Development. 8. Learned counsel for the petitioner further submits that in the absence of specific prohibition or proceedings either issued by the 5th respondent or by the 1st respondent in respect of the course of M.Sc. (Biosciences) awarded by the 4th respondent is not equivalent to the M.Sc. (zoology), the petitioner is eligible for selection and appointment. 9. Learned counsel for the petitioner also furnished/filed the notification dated 04.08.2022 issued by the 6th respondent for appointment of 211 Post Graduate Teachers in A.P. Model Schools consisting of +2 level. He also stated that the 6th respondent wherein specifically notified the Educational Qualifications/Academic Qualifications for the post of Post Graduate Teacher- PGT (Zoology), applications were invited from the qualified persons from the discipline of M.Sc., in Zoology/ Life Sciences/ Biosciences/Genetics/Microbiology and other courses. Therefore, as per the notification all the courses mentioned above were treated as equivalent to M.Sc.
He also stated that the 6th respondent wherein specifically notified the Educational Qualifications/Academic Qualifications for the post of Post Graduate Teacher- PGT (Zoology), applications were invited from the qualified persons from the discipline of M.Sc., in Zoology/ Life Sciences/ Biosciences/Genetics/Microbiology and other courses. Therefore, as per the notification all the courses mentioned above were treated as equivalent to M.Sc. (Zoology) for appointment of PGT teachers for +2 level. In view of the above said notification the 6th respondent has recognized the M.Sc. (Biosciences) is equivalent to M.Sc. (Zoology). 10. Learned counsel for the petitioner also submitted that the petitioner studied B.Sc (Biology) at degree level and M.Sc. (Biosciences) at PG level. Therefore, the petitioner can teach the subject of Zoology. Since Biology includes Botany and Zoology and even Biosciences consisting of subjects of Botany as well as zoology as such the M.Sc. (Biosciences) is equivalent to M.Sc (zoology). Therefore, the very same rejection by the 3rd respondent authority, basing upon an advice of the 2nd respondent authority is illegal, arbitrary and writ petition is liable to be allowed. 11. On the other hand the 3rd respondent filed counter affidavit, wherein it is stated that, in view of ambiguity in education qualification of the petitioner, the issue was referred to the A.P. State of Higher Education vide Lr. No. 560/JL/2018 dated 03.12.2020 for seeking clarification whether the M.Sc.(Bio-Sciences) from Satya Sai Institute of Higher Learning, Ananthapur is equivalent to M.Sc. (Zoology) or not. He further submitted that the A.P. State Council for Higher Education (APSCHE) is the competent body in the State of Andhra Pradesh to furnish the equivalency. He further submitted that in response the A.P. State Council for Higher Education (APSCHE), vide its letter No.APSCHE/AC/JL/Recruitment/Equivalence/2020, dated 11/01/2021 clarified as follows: "The committee examined the syllabi of Zoology prescribed by Intermediate Education, A.P and after going through the items 1-5 in the agenda in order to resolve the issue of eligibility of M.Sc Bio Sciences/Marine Biology/ Animal Biology and Bio-Technology/ Bio- chemistry and Master of Pharmacy Degree holders to teach Zoology subject at the Junior College level i.e., Intermediate Education, the Committee recommended as follows: The Degree holders (M.Sc Bio Sciences certificate from Sri Satya Sai Institute of Higher Learning, Anantapur) are not eligible for the selection of Junior Lecturers in A.P Intermediate Education." 12.
It is also further submitted that as per the conditions laid down in the Notification and clarification from the A.P. State Council for Higher Education, 3rd respondent has rejected the candidature of the petitioner for selection to the post of Junior Lecturer in Zoology. The same was also informed to the petitioner herein vide Memo No. 560/JL/2018 dated 04/02/2021. He further stated that according to Sub Rule 1 (a) (iii) of Rule 12 of AP. State & Subordinate Service Rules, 1996 clearly says that "No person shall be eligible for appointment to any service by direct recruitment unless he possesses the academic and other qualifications prescribed for the post.” As such the petitioner is not eligible for selection. 13. Learned standing counsel for the 3rd respondent submitted that as per the clarification of the 2nd respondent, the M.Sc. (Biosciences) certificate issued by 4th respondent institute is not eligible for the selection of the Junior Lecturers in A.P. Intermediate education. The learned standing counsel further stated that the 2nd respondent herein is the competent authority to furnish the equivalency of the subjects. 14. Learned standing counsel further submits that as per the consolidate list of equivalence issued by the 2nd respondent that M.Sc. (Biosciences) at Andhra University at Sl.No.10 is equivalent to M.Sc. (Zoology). Similarly, the other courses i.e. M.Sc., in Biological Sciences, Animal Biology, Environmental Biology, Marina Biology, Modern Biology, Experimental Biology and Life Sciences of various universities are also recognized as equivalent to M.Sc. (zoology), but M.Sc. (Biosciences) of 4th respondent university not enumerated at Sl.No.10 as equivalent to the M.Sc. (zoology). Therefore, as per the notification and its annexure the M.Sc. (Biosciences) of the 4th respondent is not at all an equivalent subject. 15. Having regard to the submissions made by the learned counsel for the petitioner as well as the learned standing counsel for the respondents and learned Government Pleader for respondents that the contention of the learned counsel for the petitioner that the notification issued by the 3rd respondent No.22 of 2018 dated 22.12.2018, it only specifies M.Sc.
15. Having regard to the submissions made by the learned counsel for the petitioner as well as the learned standing counsel for the respondents and learned Government Pleader for respondents that the contention of the learned counsel for the petitioner that the notification issued by the 3rd respondent No.22 of 2018 dated 22.12.2018, it only specifies M.Sc. or any other equivalent PG degree in the equivalent subjects with a minimum of 50% marks is eligible for consideration and 50% of marks at PG level is entitled for seeking for selection as Junior Lecturer is valid and reasonable, since the notification does not specifies regarding syllabus and there is no exclusion of M.Sc.(Biosciences) of 4th respondent for consideration. 16. The other contention of the learned counsel for the petitioner that as per the notification dated 04.08.2022 of the 6th respondent, who is the competent authority for intermediate education notifies that in its notification for recruitment of PG teachers for intermediate education, which reveals that M.Sc. (Biosciences) is equivalent to the post of Post Graduate Teachers of M.Sc. (Zoology). Accordingly, a certificate was issued, the same was submitted by the petitioner for consideration is can be considered in given circumstances. 17. The other contention of the learned counsel for the petitioner that 4th respondent is a recognized university by the 7th respondent and the 4th respondent is empowered to declare that M.Sc. (Biosciences) is equivalent to M.Sc. (Zoology). Accordingly a certificate was issued, the same was submitted by the petitioner for consideration is can be considered in given circumstances. 18. The other contention of the learned counsel for the petitioner that the clarification submitted by the 2nd respondent council is not the proper authority to declare that the PG degree/M.Sc. (Biosciences) of 4th respondent college is not equivalent to M.Sc. (zoology) and it does not have the jurisdiction and the 3rd respondent also should function as per the directions and circulars of the 7th respondent. It cannot dependent against the guidelines and regulations of the 7th respondent. As such the 4th respondent is a recognized body of the 7th respondent. Therefore the 7th respondent facilitated to impart M.Sc. (Biosciences) at 4th respondent university. 19.
It cannot dependent against the guidelines and regulations of the 7th respondent. As such the 4th respondent is a recognized body of the 7th respondent. Therefore the 7th respondent facilitated to impart M.Sc. (Biosciences) at 4th respondent university. 19. The other contention of the learned counsel for the petitioner that the petitioner was allowed for written examination as well as the interview but at that juncture the respondent authorities cannot be denied the candidature of the petitioner or rejected the application of the petitioner for selection as Junior Lecturer is acceptable and also should be considered. 20. The other contention of the learned counsel for the petitioner that as per the annexures to the notification and also as per the list of equivalents issued by the 5th respondent the M.Sc. (Biosciences) issued by the 4th respondent is not included in exclusion list regarding the equivalence of M.Sc. (Zoology) is also an admitted fact. 21. In view of the other contentions of the learned counsel for the petitioner, this Court finds that the determination of equivalence of subjects at PG degree level which is the specific domain of 4th and 7th respondents but not the 2nd respondent which is neither expert body nor competent authority to decide the equivalence of subjects at PG level. It is settled and recognized under law that the University Grants Commission is the competent authority to declare the equivalence of subjects at PG level. More particularly it is in the domain of the 7th respondent but not the 2nd respondent. That the other contention of the counsel that the M.Sc.(Biosciences) of other universities are also notified/recognized as equivalence to M.Sc. (Zoology) is acceptable and tenable. In view of the specific notification by the 5th respondent regarding PG subjects which are excluded from the equivalence of M.Sc. (Zoology) and other subject courses of other universities are not excluded is also considerable and acceptable, since the 4th respondent is the deemed university and the particular Biosciences course consisting of Botany and Zoology as per the certificate. 22. On the other hand the contention of the learned standing counsel for the 3rd respondent that as per the clarification of the 2nd respondent, in pursuance to the request made by the 3rd respondent, the subject M.Sc. (Biosciences) of 4th respondent is not equivalence to M.Sc. (Zoology) as per the notification is not valid and unreasonable.
22. On the other hand the contention of the learned standing counsel for the 3rd respondent that as per the clarification of the 2nd respondent, in pursuance to the request made by the 3rd respondent, the subject M.Sc. (Biosciences) of 4th respondent is not equivalence to M.Sc. (Zoology) as per the notification is not valid and unreasonable. In the absence of exclusion list of 5th respondent and as per the notification of the 6th respondent it is well included that the M.Sc. (Biosciences) Course is equivalence of the M.Sc. (Zoology). 23. The other contention of the learned standing counsel that the petitioner does not possess degree of M.Sc. (Zoology) or any other recognized equivalent certificate, he cannot teach the subject of Zoology to the students is also not sustainable for the reason the petitioner specifically studied B.Sc.(Biology) and M.Sc. (Biosciences) which includes Botany and zoology as notified by the 6th respondent. 24. The other contention of the learned standing counsel that M.Sc. (Biosciences) of Andhra University is equivalent to M.Sc. (zoology) if that is so, the same can be enlarged to the 4th respondent which is a deemed university by the 7th respondent, more so, this university is not notified in exclusion list of the Board. 25. Having regard to the facts and circumstances stated above and in view of the foregoing discussion as mentioned above that the present writ petition is liable to be allowed, setting aside the Memo No.560/JL/2018, dated 04.02.2021 and letter addressed by 2nd respondent dated 11.01.2021 directing the 3rd respondent and other respondents to consider the candidature of the petitioner as per the certificate issued by the 4th respondent and also as per the Notification No.54/APMS/2022, dated 04.08.2022 of the 6th respondent for recruitment of PG teachers in respect of Zoology subject, without observing the correspondence made by the 2nd respondent for selection of the Junior Lecturers in respect of Zoology subject, If the petitioner is otherwise eligible within a period of two months from the date of receipt of the orders. It is needless to observe that the respondents are not precluded from proceeding against the petitioner by following due process of law after providing an opportunity of hearing to the petitioner. 26. Accordingly, the writ petition is allowed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.