Aman Gupta vs State Of Himachal Pradesh And Ors

Sandeep Sharma, J

Vide notice dated 5.2.2021, Himachal Pradesh Public Service Commission, advertised the posts of Assistant Public Relation Officer (APRO) in the pay scales of 10300+34800 +GP 4200/-. Person having qualification i.e. Bachelors Degree in Journalism and Mass Communication/Public Relations/Public Relations & Advertising from a recognized university or Post Graduate Degree/Post Graduate Diploma in Journalism and Mass Communication/Public Relations/Public relations and Advertising from a recognized university is/was eligible to apply for the post in question. Since petitioner did not possess the aforesaid requisite qualification, his candidature was rejected vide order dated 5.2.2021 (Annexure P-4), whereby HPPSC published the list of rejected candidates after scrutiny of the documents.

Being aggrieved and dissatisfied with aforesaid rejection order passed by the HPPSC, petitioner has approached this Court in the instant proceedings, filed under Article 226 of the Constitution of India, praying therein for following reliefs:

“I. Issue a writ of certiorari directing the respondents especially Principal Secretary (Education) to the State of H.P., to convene the meeting of the State Equivalence Board for consideration of the equivalence of Degree of M.A. (New Media Communication) as held by the Petitioner with M.A. (Journalism & Mass Communication) as essential qualification in the HPPSC Advertisement dated 5.02.2021, in a time-bound manner; and

II. Issue a writ of certiorari quashing the impugned List of proposed rejected candidates as issued by HPPSC, for the post of Assistant Public Relations Officer (APRO), Class-II (Non-Gazetted) in the Department of Information & Public Relation, H.P., to the extent it rejects the candidature of the petitioner; and

III. Issue a writ of mandamus not to give effect to the impugned List of proposed rejected candidates as issued by HPPSC, for the post of Assistant Public Relations Officer (APRO), Class-II (Non-Gazetted) in the Department of Information & Public Relation, H.P., to the extent it rejects the candidature of the petitioner; and

IV. Issue a writ of mandamus directing the respondents, especially HPPSC to consider the candidature of the petitioner in light of Equivalence Certificate/Letter issued by Chairman, Department of Journalism and Mass Communication, H.P.U., Shimla - 05 dated 12.04.2023 and/or by treating the Degree of Master of Arts in New Media Communication (held by the petitioner) equivalent to the Degree of Master of Arts in Journalism and Mass Communication, as essential qualification, for the purposes of post of APRO in the Department of Information & Public Relations, H.P. which were advertised vide Advertisement No.2/1-2021 dated 05.02.2021;”

Mr. B.C. Verma, learned Additional Advocate General waives notice on behalf of the respondent-State, whereas Mr. Vikrant Thakur and Mr. Raj Negi, Advocates, appear and waive notice on behalf of respondent No.3 and respondents No. 4 & 5, respectively.

Precisely the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that since petitioner had possessed degree in M.A. (New Media Communication), which is equivalent to MA (Journalism and Mass Communication), HPPSC ought not have rejected his candidature for the post of APRO.

Mr. Vikrant Thakur, learned counsel for the respondent-Commission states that whether degree of M.A. (New Media Communication) can be equated with MA (Journalism and Mass Communication), is a question to be decided by the Special Equivalence Board constituted by the Government of Himachal Pradesh for the aforesaid specific purpose only. He further submitted that having taken note of the dispute with regard to equivalence of degrees, Registrar of Himachal Pradesh University vide communication dated 14.7.2023, addressed to Principal Secretary (I&PR) to the Government of Himachal Pradesh, Shimla-2, has already refereed certain matters to the State Level Equivalence Board for further clarification. Mr. Thakur, submitted that since selection to the post in question has been postponed to some other date, issue with regard to equivalence of degree possessed in M.A. (New Media Communication) possessed by the petitioner, may be referred to the aforesaid Board so that issue is decided for all time to come.

Learned counsel for the petitioner fairly states that petitioner would be content and satisfied in case State Equivalence Board is directed to decide the issue of equivalence of aforesaid degrees in time bound manner. Learned Additional Advocate General is not averse to the aforesaid innocuous prayed made by the petitioner.

Consequently, in view of the above, present petition is disposed of with direction to the State Level Equivalence Board for determination of equivalence, if any, in M.A. (New Media Communication) and MA (Journalism and Mass Communication),expeditiously, preferably, within two weeks. Needless to say, authority concerned while doing the needful in terms of the directions contained in the instant order shall afford an opportunity of hearing to the petitioner as well as other stake holders and pass a detailed speaking order. Liberty is also reserved to the petitioner to approach appropriate court of law, if he still remains aggrieved. Learned Additional Advocate General undertakes to communicate the instant order to the aforesaid authority, enabling it to do the needful in terms of the instant order. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.