Anoop Singh And Others vs State Of Uttarakhand & Others

Manoj K. Tiwari, J

Miscellaneous application (IA No. 3647 of 2019) stands disposed of by taking supplementary affidavit, filed by the petitioners, on record.

Since common questions of fact and law are involved in these petitions, therefore, both these petitions are clubbed together and are being decided by a common judgment.

Uttarakhand Subordinate Service Selection Commission issued advertisement dated 20.11.2015, whereby applications were invited for various Group 'C' posts, including the post of Librarian in Government Polytechnics under Department of Technical Education of the State Government. The selection process consisted of only written examination. Petitioners responded to the said advertisement; they were declared successful in the written examination and were called for counseling/document verification. After document verification, petitioners were declared ineligible for the post of Librarian on the ground that they do not possess requisite qualification required for the post.

The appointment of Librarian in Government Polytechnic is governed by Statutory Rules known as "Uttarakhand Technical Education Department (Non-Gazetted Non-Technical - Service Rules, 2008". Appendix-II of the said rules lays down the requisite educational qualification for appointment to different posts. Item No. 10 of Appendix-II deals with the qualification for the post of Librarian and the qualification prescribed for the said post is 'Bachelor's Degree with Diploma in Library Science'.

Admittedly petitioners possess the first qualification prescribed under the rules, namely, Bachelor's Degree in any subject from a University established by law. However, what they lack is Diploma in Library Science (D.Lib), instead they possess B.Lib., which is Bachelor's Degree in Library Science. Petitioners have been held to be ineligible on the ground that they do not possess Diploma in Library Science.

It is the contention of learned counsel for the petitioners that since petitioners possess higher qualification i.e. Bachelor Degree in Library Science, therefore, they cannot be treated ineligible for a post for which qualification required is only Diploma in Library Science.

The second contention made by learned counsel for the petitioners is that in State of Uttarakhand, there is no institution which imparts instructions in Diploma Course in Library Science, consequently, there were only two candidates possessing Diploma in Library Science and both of them have been appointed. Thus, according to learned counsel for the petitioners, this aspect ought to have been considered by the Selecting Body as well as the Appointing Authority before rejecting the candidature of the petitioners.

Learned counsel for the petitioners further submits that on 07.08.1997, the Director, Technical Education, Uttar Pradesh had written the Joint Director, Technical Education, Pauri Garhwal that since higher qualification holders, who possess Degree in Library Science, are available, therefore, they can be appointed as Librarian for which qualification required is Diploma. He further submits that the Director, Technical Education, Uttarakhand had issued a letter to the Secretary, Uttarakhand Technical Education Board, Roorkee on 11.12.2012 to act in terms of the said letter dated 07.08.1997.

Learned counsel for the petitioners has relied upon a judgment rendered by Hon'ble Supreme Court in the case of Jyoti K.K. & others Vs Kerala Public Service Commission & others reported in (2010) 15 SCC 596. The said judgment, however, is distinguishable on facts, in view of the provision contained in the relevant service rules, which has been extracted in para 6 of the said judgment. In that case, the service rules provided that "Notwithstanding anything contained in these Rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post in the Special Rules and such of those higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post".

In the present case, service rules simply provide the essential qualification as Diploma in Library Science, therefore, the said judgment is of no help to the petitioners. A Division Bench in Special Appeal No. 566 of 2017 and other connected appeals has held that when the service rules require Diploma in a particular subject; one possessing Bachelor's Degree in Computer Science will not be eligible. Paragraph no. 59 of the said judgment is extracted below:

"59. The learned Single Judge dismissed the writ petition holding that the writ petitioner is not having the requisite qualification. The learned Single Judge, in fact, referred to Surendra Kumar & another vs. State of Uttarakhand, reported in 2015 (1) UD 163 and repelled his argument that he is having a higher qualification. From the judgment, it is not made out that the writ petitioner has pressed his challenge to the Rule. It would also appear that there is no ground taken in the appeal memorandum regarding challenge to the Rule. That apart, he cannot also, in law, raise such a contention for the reason that he has participated pursuant to the Advertisement, where the qualification was prescribed and he approaches the Court only at a stage, where his application has been rejected. Therefore, having participated, he cannot, certainly, be permitted to call in question the qualification. As far as the qualifications go, it is quite clear that he does not possess Diploma in Computer Science, as provided in the Rule. The fact that he has got Bachelor's Degree in Computer Science as well as Master's Degree in Computer Science would not be sufficient in view of the discussion, which we have had in the earlier part of this judgment, and the law, which has been laid down in State of Punjab vs. Anita (supra) and Prakash Chand Meena vs. State of Rajasthan (supra). In the light of this, the appeal filed by the writ petitioner is only to be dismissed."

It is settled position in law that for appointment to a post, a candidate must possess the basic qualification provided in the rules. The basic qualification for the post of Librarian in Government Polytechnic is Diploma in Library Science with Bachelor's Degree in any subject. Admittedly, petitioners do not possess Diploma in Library Science, therefore, they are not eligible in terms of the applicable service rules. In such view of the matter, the rejection of the candidature by the Selecting Committee cannot be faulted.

Having regard to the contention raised by learned counsel for the petitioners that there were only two persons having Diploma in Library Science in Uttarakhand and also in view of the fact that the Director, Technical Education, Uttarakhand has sent proposal to the Additional Chief Secretary, Technical Education, Dehradun vide letter dated 29.09.2018 to include Bachelor's Degree in Library Science in Appendix-II to the Rules, so that the Degree holders may also be considered for appointment, the writ petition is disposed of with a direction to the State Government to consider these aspects and take appropriate decision within three months from the date of production of certified copy of this order.