Azaruddin Degalapadu v. Secretary to the Govt. of India
2025-04-02
SUREPALLI NANDA
body2025
DigiLaw.ai
ORDER : SUREPALLI NANDA, J. Heard Sri C.B. Siddarth, learned counsel appearing on behalf of petitioner and Sri Ananthula Ravinder, learned Standing Counsel for Central Government, appearing on behalf of respondent Nos.1 to 4. 2. The petitioner approached this Court seeking the prayer as under: “…to issue writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondent No.2 Dated 22-09-2023 whereby the candidature of the petitioner for the post of Research Assistant in NATMO has been rejected on the ground that the qualifications of the petitioner are not matching with the essential qualifications prescribed for the post of Research Assistant as illegal, arbitrary, violative of Articles 14, 19, & 21 of Constitution of India and for declaration of the letter dt 22-09-2023 as illegal, arbitrary and violative of Constitution of India and consequently to permit the petitioner for the post of Research Assistant in NATMO and pass...”. 3. The case of the petitioner, in brief, is that respondent No.3 had issued Notification dated 24.09.2021 calling upon the applicants for the post of Research Assistant in National Atlas & Thematic Mapping Organization, Department of Science & Technology, Ministry of Science & Technology, Kolkata. The petitioner applied for the said post and appeared for the computer-based examination on 8.2.2022 at Hyderabad and had qualified in the said examination. The petitioner received offer letter of Provisional Appointment to the said post vide letter No.2-1/2023-Estt.II/7490, dated 31.03.2023 from respondent No.2. Later the petitioner was given the impugned letter bearing No.2-1/2023-Estt.II/8617, dated 22.09.2023 stating that the petitioner’s qualifications are not matching with essential qualifications prescribed for the post of Research Assistant. The petitioner submitted representations dated 22.09.2023 and 25.09.2023 to the respondent Nos.2 and 3. However, the same were not considered by the respondent Nos.2 and 3. Aggrieved by the said impugned letter dated 22.09.2023, the petitioner approached the Court by filing the present writ petition. PERUSED THE RECORD 4. (A) The essential qualification as per the notification issued by the Staff Selection Commission vide Post Code ER12321 of Advrt.
However, the same were not considered by the respondent Nos.2 and 3. Aggrieved by the said impugned letter dated 22.09.2023, the petitioner approached the Court by filing the present writ petition. PERUSED THE RECORD 4. (A) The essential qualification as per the notification issued by the Staff Selection Commission vide Post Code ER12321 of Advrt. No.PhaseI X/ 2021/ Selection Posts dated 23.08.2022, is extracted hereunder Vacancy: 146 (60-UR, 41-OBC, 19-SC, 11-ST & 15-EWS including 07-PWD (02-VH, 02-HH, 02-OH & 01-others) Essential Qualification as on crucial date: (i) Master’s degree in Geography or Geology or Applied Geology or Geoinformatics or Geographical information System and Remote Sensing or Geomatics or Geospatial Technology from a recognized University or institute and having studied Geography or Geology or applied Geology as a subject in all the years at bachelor’s degree level (ii) At least one year experience in research or preparation of maps and geospatial technologies in a Government recognized research or teaching or scientific or cartographic or geographic institute or organization. Age (for Unreserved) 18 years to 30 years This Candidate should be born between 02/01/1988 to 01/01/2003 Suitability for PWD: YES If so, permissible disability: VH (LV), HH (PD), OH (OA, OL, LC), Others (AUTISM) Closing Date: 25.10.2021 Crucial Date : 01.01.2021 CANDIDATE PROFILE Name AZARUDDIN DEGALAPADU AGE 23.7 Roll No 8193029635 Category OBC Gender Male EWS No Reg No 81000074364 Date of Birth 06-05-1997 ESM No. PWD No CHECK LIST FOR SCRUTINY PARTICULARS STATUS (YES/NO/NA) DATE OF ISSUE (dd/mm/yyyy) (B) Essential Qualification Analysis a. Whether certificate/mark sheet of Educational Qualification enclosed ? YES 13 May 2019 b. Whether Educational Qualification possessed within the crucial date ? YES 13 May 2019 c. Whether possessed Additional Educational Qualification according to the post within the crucial date ? YES 13 May 2019 d. Whether produced “Equivalence Certificate’’ in regard to Educational Qualification ? YES 16 February 2022 Experience Details e. Whether experience certificate in relevant field enclosed ? YES 08 October 2021 f. Whether experience certificate obtained on or before the crucial date? NO g. Whether experience obtained after completing Educational Qualification? YES 08 October 2021 h. Whether experience gained as a part of Educational Qualification while acquiring his/her degree? NO i. Whether relevant column of Online Application in regard to experience has been filed up ? YES 08 October 2021 5.
NO g. Whether experience obtained after completing Educational Qualification? YES 08 October 2021 h. Whether experience gained as a part of Educational Qualification while acquiring his/her degree? NO i. Whether relevant column of Online Application in regard to experience has been filed up ? YES 08 October 2021 5. ANNEXURE-III of the Advertisement No. 35 ER ER 12121 Driller- cum - Mechanic (Master Craftsman Central Ground Water Board, Dept of water Resources, River Development & Ganga Rejuvenation, Ministry of Jal Shakti, Bhujal Bhawan, JH- IV, Faridabad – 121001 18 - 30 Level- 6 Higher Secondary ( 10+ 2) 5 2 6 3 3 19 36 ER ER 12221 Junior Geographical Assist ant National Atlas & Thematic Mapping Organisation, Dept of Science & Technology , Ministry of science & Technology, CGO Complex, 7th Floor, DF Block, Salt Lake, Kolkata 700064 18 - 25 Level- 5 Graduation & above 8 3 15 30 1 1 1 1 6 62 37 ER ER12321 Research Assist ant National Atlas & Thematic Mapping Organisation, Dept of Science & Technology , Ministry of science & Technology, CGO Complex, 7th Floor, DF Block, Salt Lake, Kolkata 700064 18 - 30 Level- 6 Graduation & Above 19 11 41 60 2 2 2 1 15 146 38 ER ER 12421 Personal Assistant Central Government Industrial Tribunal-cum-Labour Court , Ministry of Labour & Employment, 15, RN Mukherjee Road, Ground Floor, Kolkata 700 001 18 - 30 Level- 6 Graduation & above 1 1 39 ER ER 12521 Multi Tasking Staff O/o the Chief Postmaster General, West Bengal Circle, Yogayog Bhawan, Kolkata 700012 18 - 25 Level- 1 Matriculation 3 3 40 ER ER 12621 Multi Tasking Staff O/o the Chief Post master General, West Bengal Circle, Yogayog Bhawan, Kolkata 700012 18 - 25 Level- 1 Matriculation 2 1 3 41 ER ER 12721 Electric Welder NATIONAL TEST HOUSE, DEPT OF CONSUMER AFFAIRS, MINISTRY OF CONSUMER AFFAIRS, FOOD & PUBLIC DISTRIBUTION, ÇP’ BLOCK 18 - 25 Level- 2 Matriculation 2 2 19.1. APPLICATIONS/CANDIDATURE OF APPLICANTS ARE LIABLE TO BE CANCELLED/ REJECTED AT ANY STAGE OF THE RECRUITMENT PROCESS IN THE EVENT OF ALL OR ANY OF THE FOLLOWING: 19.1.1 Application being incomplete. 19.1.2. Any variation in the Signatures (signatures done on the Print out of the Application Form and also on other Documents must be the same). 19.1.3.
APPLICATIONS/CANDIDATURE OF APPLICANTS ARE LIABLE TO BE CANCELLED/ REJECTED AT ANY STAGE OF THE RECRUITMENT PROCESS IN THE EVENT OF ALL OR ANY OF THE FOLLOWING: 19.1.1 Application being incomplete. 19.1.2. Any variation in the Signatures (signatures done on the Print out of the Application Form and also on other Documents must be the same). 19.1.3. Application without clear photograph (miniature photograph/side facing photograph/photographs with goggles/photographs with caps/no photographs etc.) and legible signature. 19.1.4. Non-payment of Examination Fees by the fee non-exempted candidates. 19.1.5. Fee not paid as per instructions. 19.1.6. Under-aged/over aged candidates. 19.1.7. Non-forwarding of self attested legible copies of all the relevant certificates/documents issued by the competent authority, along with the print out of the online Application Forms, in support of the information given in their online Application Forms about their educational qualifications, experiences, percentage of marks obtained, proof of age, proof of category [SC/ST/OBC/EWS/PwD/ESM/CGCE, etc], as and when called for by the Commission after conduct of Computer Based Examination(s). 19.1.8. Not having the requisite educational qualification, experience, age as on 01.01.2021. 5. The impugned order dated 22.09.2023 issued by the 2 nd respondent is extracted hereunder “As per nomination received from SSC (ER) for appointment to the post of Research Assistant vide No. S-S 13011/12/2022-Recruitment/3881 dated 22.02.2023, you have been offered Provisional Appointment Letter for submission of documents, etc., vide this office letter No.2- 1/2023-Estt.II/7490, dated 31.03.2023. Accordingly, you appeared in this office in person and submitted documents. On further scrutiny of the documents submitted by you, it is found that your qualifications are not matching with Essential Qualifications prescribed for the post of RA in this office. Hence, your appointment is not admissible and the dossier is being returned to SSC (ER)”. DISCUSSION AND CONCLUSION 6. The learned counsel appearing on behalf of the petitioner submits that the petitioner received an order of Provisional Appointment dated 31.03.2023 informing the petitioner that the petitioner had provisionally been selected to the post of Research Assistant in NATMO, Kolkata, on temporary basis subject to the satisfactory verification of all credentials, documents and certificates and petitioner’s medical fitness, in the Pay Level-6 of 7 th CPC Pay Matrix i.e. Basic Pay Rs.35,400/-. The learned counsel appearing on behalf of the petitioner further submits that the petitioner even received the certificate dated 14.09.2022 issued by the CSIR - National Geophysical Research Institute.
The learned counsel appearing on behalf of the petitioner further submits that the petitioner even received the certificate dated 14.09.2022 issued by the CSIR - National Geophysical Research Institute. However, respondent No.2 herein issued impugned proceedings dated 22.09.2023 to the petitioner informing the petitioner, that on further scrutiny conducted by the respondents it was found that petitioner’s qualifications are not matching with Essential Qualifications prescribed for the post of Research Assistant in the NATMO office and therefore, the petitioner’s appointment is not admissible and the dossier is being returned to SCC (ER). 7. The learned counsel appearing on behalf of the petitioner aggrieved by the proceedings dated 22.09.2023 issued by the 2 nd respondent, has filed the present writ petition. The learned counsel appearing on behalf of the petitioner draws attention of this Court to Annexure-IV of the material documents filed by the petitioner herein and contends that there was a detailed verification of the documents submitted by the petitioner and an exercise of analysis of essential qualification (referred to and extracted above) was undertaken by the 2 nd respondent office whereunder a specific query was raised pertaining to the petitioner’s qualifications and experience and the same was answered and thereafter appointment order was issued to the petitioner dated 31.03.2023. However, to the shock of the petitioner, the impugned proceedings dated 22.09.2023 had been issued by the 2 nd respondent cancelling the provisional appointment of the petitioner on the ground that the petitioner did not possess Master’s degree in Geography or Geology or Applied Geology or Geoinformatics or Geographical Information System and Remote Sensing or Geomatics or Geospatial Technology. Instead the petitioner possesses M.Sc (5 year integrated) in Earth Sciences and further that the petitioner possesses Integrated Degree in the said course and does not fulfill the essential qualification of studying Geography or Geology or Applied Geology as a subject in all the years in Bachelor’s Degree Level of the course. 8. The learned Standing Counsel contends that the petitioner submitted an Equivalent Certificate which mentions that the petitioner has pursued several courses equivalent to Geology, Geophysics and their applications.
8. The learned Standing Counsel contends that the petitioner submitted an Equivalent Certificate which mentions that the petitioner has pursued several courses equivalent to Geology, Geophysics and their applications. However, the petitioner failed to submit any certificate which certifies the petitioner with a Master’s Degree in the requisite subject as prescribed in the Recruitment Rules and there is no such clause as Equivalent mentioned in the Recruitment Rules for the post of RA., the equivalent certificate produced by the petitioner cannot have any relevance in the eye of law. Therefore the petitioner is not entitled for the relief as prayed for in the present writ petition. 9. The learned counsel appearing on behalf of the respondents further contends that the petitioner worked under Subash Chandra in the CSIR – National Geophysical Research Institute as Project Associate-I, under the project SSP-810-28 (SC), w.e.f. 04.09.2019 to 30.09.2020 on monthly stipend of Rs.25,000/- and it is clearly stipulated in the order of Provisional appointment dated 31.03.2023 issued to the petitioner by the 2 nd respondent that the petitioner engagement is purely temporary and co-terminus with the Project without any commitment for absorption in permanent capacity in NGRI. 10. A bare perusal of the record in particular Clause 19.1 of the relevant notification clearly indicates at Clause 19.1.8 that if the candidate does not have requisite educational qualification, experience, age as on 01-01-2021, as per Clause 19.1 applications/ candidature of applicants are liable to be cancelled/ rejected at any stage of the recruitment process in the event of all or any of the specific circumstances analyzed thereunder under Clause 19.1 11. This Court opines that as per Clause 19.1.8 under Clause 19.1, the impugned order passed by the 2 nd respondent dated 22.09.2023 warrants no interference and the same is justified. 12. This Court opines that the post of Research Assistant in NATMO is a cadre of Central Government Service and the appointment of a candidate to this post is purely based on the terms and conditions prescribed in the Recruitment Rules as approved by the Government.
12. This Court opines that the post of Research Assistant in NATMO is a cadre of Central Government Service and the appointment of a candidate to this post is purely based on the terms and conditions prescribed in the Recruitment Rules as approved by the Government. In the present case, admittedly as borne on record, the petitioner did not possess the essential qualifications as per the notification dated 23.08.2022 issued by the respondent authorities in view of the fact that the documents submitted by the petitioner did not match with required essential qualifications and the recruitment rules and therefore the impugned order dated 22.09.2023 had been issued to the petitioner by the 2 nd respondent and as per Clause 9.1 and Sub-Clause 19.1.8 of the recruitment notification (referred to and extracted above), this Court opines that no Mandamus lies contrary to regulations and there is no illegality in the impugned order dated 22.09.2023 whereunder candidature of the petitioner and experience had been rejected on the ground that qualifications of the petitioner are not matching with the essential qualifications prescribed for the post of Research Assistant. 13. A bare perusal of the order of the provisional appointment issued to the petitioner dated 31.03.2023 also very clearly indicates that the petitioner had been provisionally selected to the post of Research Assistant in NATMO, Kolkata on temporary basis subject to verification of documents/certificates/ declaration and fulfillment of other conditions in view of the fact that there is clear stipulation in the order of provisional appointment dated 31.03.2023 itself issued to the petitioner and upon due verification of the documents furnished by the petitioner it came to light that the petitioner failed to meet the required essential qualifications prescribed for the post of Research Assistant in the respondent office, therefore the impugned proceedings dated 22.09.2023 had been issued to the petitioner. This Court opines that the impugned proceedings dated 22.09.2023 passed by the 2 nd respondent warrants no interference. 14. Accordingly, the w rit petition is dismissed since the same is devoid of merits. How ever, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed.