Arvind Kumar Kotwal vs State of J&K and another

T.S. Doabia, J.—It is not in dispute that essential qualification for appointment to the post of Assistant Grading and Marketing Officer in

Agriculture Production and Rural Development Department is degree with Economics as one of the subjects and Diploma in Agriculture

Marketing. Such is the qualification prescribed in the Rules governing the service. Appellant did not possess the degree. He did not possess

Diploma in Marketing. He was having Diploma in Cooperative Management. Notwithstanding the above he submitted his application. The

application was rejected by the eligibility committee of the Public Service Commission. Thereafter the appellant got some clarifications from the

Jammu University. The further fact is that the Head of the Department of Management Studies, University of Jammu gave his opinion. In this

opinion, it was stated that the two diplomas have equal status and value. Armed with this Certificate, the appellant filed an application seeking

review of the decision by which his candidature was rejected. As per the appellant, the Public Service Commission accepted the application. His

case was put before the Eligibility Committee. The Eligibility Committee expressed opinion that in view of the certificate given by the Head of the

Department, referred to above, the application of the appellant was in order. Appellant was interviewed and selected. However, after the selection

the opinion was sought by respondent No. 1 from respondent No. 2 as to whether the appellant did possess the requisite eligibility qualification for

applying for the post in question. The opinion of respondent No. 2 was that the opinion given by the Head of the Department, Management and

Studies, University of Jammu was not in order and that two Diplomas cannot be equated. Such is the stand taken in para1 of the reply given by

respondent No. 2. It was stated that as the petitioner/appellant does not possess a Diploma in Agriculture Marketing Management, which is the

requisite qualification prescribed by the Government for selection of candidates to the post of Assistant Grading and Marketing Officer, therefore,

the Diploma in Cooperative Management would not be sufficient.

It appears that this view prevailed with the appointing authority. Letter of appointment was not issued. Appellant approached this Court. The

view expressed by a learned Single Judge of this Court is that eligibility criteria has to be fixed by the State Government and as this was fixed,

therefore, xxxxxxxxxxx the Public Service Commission was not competent to fix the qualification. It has been held that the Government is not

bound to accept the opinion of the Head of the Department of Management Studies, University of Jammu. As the appellant did not possess the

requisite diploma and, therefore, he was not eligible. Taking this view of the matter, the writ petition was dismissed. This appeal has now been

preferred.

Learned counsel for the appellant submits that in view of the opinion expressed by the Head of the Department, Management Studies,

University of Jammu and in view of the fact that the Public Service Commission had accepted that opinion, the State Government was not justified

in sitting over the matter. Reliance has been placed on case State of Punjab and others v. Suman Lata, 1999(9) Supreme Court 320. In the above

case, the selection committee had selected a candidate. The Officer who was to issue the letter of appointment was not taking appropriate steps. A

direction was given by the Punjab & Haryana High Court that appointment letter be given. The State of Punjab went to the Supreme Court and the

appeal filed by the State was dismissed.

We are of the opinion that the decision on which the reliance has been placed by the learned counsel for the appellant is of no assistance to him.

Here the qualifications have been prescribed in the Rules. The appellant lacked basic qualification. He does not possess Diploma in Agriculture

Marketing, therefore, the view expressed by the Head of the Department, Management Studies, that Diploma in Agriculture Marketing can be

equated with Diploma in Cooperative Management, is a view, which was not binding on the State Government. It would not be possible for this

Court to give any direction to issue letter of appointment that notwithstanding the fact that the appellant lacked basic qualification, which has been

fixed by the Rules. No direction can be given by this Court in breach of the service rules.

In view of the above, we do not find any merit in this appeal, which is accordingly dismissed alongwith the connected C.M.P.