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2025 DIGILAW 566 (GAU)

Gaurab Dutta S/o Sri Dilip Kumar Dutta v. Indian Oil Corporation Ltd

2025-04-01

SUMAN SHYAM

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JUDGMENT & ORDER : SUMAN SHYAM, J. Heard Mr. B. Pathak, learned counsel appearing for the writ petitioner. Also heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. R. Gohain, learned counsel appearing for the respondents. 2. The writ petitioner herein had completed his Post Graduate Diploma (PGDM) in Global Business Operation (GBO) from Shri Ram College of Commerce affiliated to the University of Delhi. In the month of November, 2017 the Indian Oil Corporation Limited i.e. the respondent No.1 herein, had issued an advertisement notice inviting candidature from dedicated professionals in the field of Marketing Management . The educational qualification laid down by the advertisement notice for recruitment of Marketing Management professionals is as follows :- “ 1.1.1. 2 year full-time regular course leading to Post Graduate Diploma (PGDM)/Masters Degree in Business Administration (MBA) or equivalent with specialization in Marketing Management or an equivalent qualification from a recognized Indian University/Institute.” The writ petitioner being a Post Graduate Diploma holder in Global Business Operation had submitted his application for the post of Marketing Professional in the IOCL. After completion of the selection process, the authorities had published the results. However, vide communication dated 10.01.2019 issued by the General Manager (HRD) i.e. the respondent No.2, the petitioner was informed that his result of the recruitment exercise is being withheld for want of clarification as to whether, the Post Graduate Diploma in Global Business Operation programme is equivalent to MBA (Marketing) or not. Aggrieved by the communication dated 10.01.2019 the writ petitioner has approached this Court by filing the present writ petition. 3. On 13.03.2019 this Court while issuing notice to the respondents had passed an interim order directing the respondent authorities to keep one post of Marketing Professional vacant. Accordingly, one post has been kept vacant by the IOCL authorities. 4. It appears that the respondent No.2 had earlier issued a communication to the Registrar of University of Delhi on 04.12.2018 making certain queries pertaining to the Post Graduate Diploma in Global Business Operation obtained by the writ petitioner with a request to confirm the following :- “1. Whether the program in PGD in GBO is equivalent to MBA/Marketing. 2. Whether the program in PGD in GBO is recognized by UGC.” 5. Accordingly, the matter was forwarded to Shri Ram College of Commerce. Whether the program in PGD in GBO is equivalent to MBA/Marketing. 2. Whether the program in PGD in GBO is recognized by UGC.” 5. Accordingly, the matter was forwarded to Shri Ram College of Commerce. By the Communication dated 19.12.2018 issued by the Principal of Shri Ram College of Commerce (University of Delhi) the respondent No.2 was informed as follows :- “1. Post Graduate Diploma in Global Business Operations (GBO) Programme is not equivalent to MBA (Marketing) but its course curriculum has specialized subjects in Marketing. 2. Regarding its recognition by UGC, it is course of University of Delhi [Ordinance AC resolution no.A.C.(3)-23-1-1999 & E.C. resolution no.E.C.(1)-30-4-1999] since 1999.” 6. From the above communication it is, thus, apparent that the Post Graduate Diploma in Global Business Operation (GBO) obtained by the writ petitioner from Shri Ram College of Commerce is not equivalent to MBA(Marketing). Mr. Pathak, learned counsel for the petitioner has, however, strenuously argued that the question is not as to whether, the Post Graduate Diploma in Global Business Operation held by the writ petitioner is equivalent to MBA (Marketing) but as to whether, the same is equivalent to a two year full time regular course leading to Post Graduate Diploma specialized in Marketing Management or an equivalent qualification as per Clause 1.1.1. of the advertisement notice. The learned counsel further submits that since the correct query was not made by the IOCL authorities, hence, an irrelevant answer was provided by the Shri Ram College of Commerce, which did not address the issue raised by the petitioner. 7. Mr. Choudhury, learned senior counsel for the IOCL, on the other hand, has argued that the respondents had made relevant queries with the authorities based on the claim of the petitioner. The learned senior counsel has further argued that after the lapse of more than 5 (five) years since the issuance of the advertisement notice, the question of engaging the petitioner at this point of time may not arise in the eyes of law. 8. I have considered the submissions made at the Bar and have also gone through the materials available on record. 9. 8. I have considered the submissions made at the Bar and have also gone through the materials available on record. 9. At the very outset, it will be relevant to point out herein that although the writ petitioner has claimed that he is holding a Post Graduate Diploma in Global Business Operation (GBO) issued by Shri Ram College of Commerce under University of Delhi, no such certificate has been annexed with the writ petition. 10. The question of equivalence of a particular diploma/ degree with another lies in the domain of experts, which in a case like this, would be the authorities such as UGC, AICTE etc. However, the writ petitioner has not impleaded any of those authorities in the writ petition. Under the circumstances, considering the materials available on record, it is not possible for this Court to give any decision on the question of equivalence of Post Graduate Diploma (GBO) obtained by the petitioner with other PGDM, as per the advertisement notice. 11. This Court has also noticed that the question as to whether, the Post Graduate Diploma in Global Business Operation (GBO) is equivalent to any other Post Graduate Diploma in Marketing Management has not been specifically addressed either by the University of Delhi or the Shri Ram College of Commerce. If the Post Graduate Diploma held by the petitioner is indeed equivalent to any other Post Graduate Diploma in Marketing Management offered by a recognised University, then in that event, it will be unjust to deny appointment to the petitioner as a Marketing Professional merely for not fulfilling the requirement of educational qualification. 12. At the same time after a lapse of more than 5 years since the advertisement was issued, it is not clear as to whether the petitioner, would at all be interested to join as a Marketing Professional under the respondents at this point of time. Situated thus, this Court is not inclined to issue any writ of mandamus in favour of the petitioner. 13. However, the petitioner is granted liberty to produce relevant documentary evidence before the authorities in the form of a representation establishing that the Post Graduate Diploma in Global Business Operation program undergone by him is equivalent to Post Graduate Diploma in Marketing Management offered by any recognized University/Institution in India. 13. However, the petitioner is granted liberty to produce relevant documentary evidence before the authorities in the form of a representation establishing that the Post Graduate Diploma in Global Business Operation program undergone by him is equivalent to Post Graduate Diploma in Marketing Management offered by any recognized University/Institution in India. If such a representation, accompanied by a copy of this order, is submitted by the petitioner before the respondents within two weeks from today, the same may be examined in accordance with law and dispose of by a reasoned order. Until such time the above exercise is completed, the interim order dated 13.03.2019 passed in this case will continue to hold the field. With the above observation, the writ petition stands disposed of. The parties to bear their own cost.