Rama Chandra Mishra vs State of Orissa and Others

A.S. Naidu, J.—An advertisement (Annexure-1) was made on 12th September, 2006 by the Collector, Ganjam, Chhatrapur inviting applications from eligible candidates for appointment as Multipurpose Assistant (Grama Rozgar Sevak) in Baharpur Grama Panchayat under Dharakote Block in the district of Ganjam. The eligibility criteria for candidate as stipulated in the advertisement were as follows :

(1) He/she should be above 18 years of age and below 58 years of age as on 31.8.2006;

(2) He/she must have passed 10+2 examination. Preference will however be given to Commerce Stream having computer proficiency of ''O'' level with use of Oriya language in computer;

(3) He/she should be the permanent resident of Ganjam district.

In response to the said advertisement, it is stated, the Petitioner submitted his application enclosing all his educational certificates/testimonials. His grievance is that his candidature was not considered by the selection committee mainly on the ground that he did not possess 10+2 qualification and had in fact passed Upasastri examination from Shri Jagannath Sanskrit Vishvavidyalaya, Puri. The Petitioner has prayed for quashing of the merit list Annexure-8 and directing the authorities to consider his candidature for the post advertised.

After receiving Rule of this Court, a counter-affidavit has been filed by opposite parties 2 and 3, taking the stand that it is not correct to say that the Petitioner has passed +2 Examination from Shri Jagannath Sanskrit Vishvavidyalaya. The said institute does not offer such course. In fact he had passed Upasastri Examination which did not satisfy the eligibility criteria and therefore his candidature was rightly not considered.

Another counter affidavit has also been filed by opposite party No. 5, the candidate who was selected. According to him he was more meritorious than the Petitioner having passed +2 Science Examination from Science College, Aska; passed graduation from Berhampur University and completed Diploma Course in Computer Application. The averment of the Petitioner that he has passed +2 Examination is stoutly denied and reiterated the stand taken by the State that Upasastri Examination conducted by Sri Jagannath Sanskrit Vishvavidyalaya is not equivalent to +2 Examination of the Council of Higher Secondary Education, Orissa. Relying on Annexure-9, a Notification issued by the Council of Higher Secondary Education, Orissa he further submitted that the Equivalence Committee of the said Council though recognized Upasastri Examination of Sri Jagannath Sanskrit Vishvavidyalaya as equivalent +2 Humanity stream of Higher Secondary Education, that was subject to approval of the Council. It was also submitted that no such decision has been taken by the Council till date. In short, according to opposite party No. 5, the Petitioner did not satisfy the eligibility criteria for applying for the post in question and for that his candidature had been rightly rejected.

A rejoinder-affidavit has been filed by the Petitioner specifically averring that the certificate issued by Sri Jagannath Sanskrit Vishvavidyalaya would clearly reveal that he had passed Higher Secondary Examination (+2 Arts) in First Division. According to him the curriculum of Sri Jagannath Sanskrit Vishvavidyalaya was for dual qualification. A student passing Upasastri Examination simultaneously passes +2 Arts Examination, inasmuch as apart from Sanskrit language, a student also studies other subjects which are commonly taught in +2 Arts course. To fortify such submission, it is averred that after passing + 2 Arts Examination the Petitioner had passed B.A. Degree Examination (+3 Examination) from Sri Jagannath Sanskrit Vishvavidyalaya and accepting the said degree as equivalent to +3 Examination, the Berhampur University, had allowed him to take admission in LL.B. Course which he successfully completed. Thereafter he obtained proficiency in Computer Application with use of Oriya language and thus he very much satisfied the eligibility criteria.

This Court heard learned Counsel for the parties at length, perused the certificates and testimonials and the Notification Annexure-1. Admittedly a candidate having passed 10+2 Examination besides other qualifications as stipulated in the advertisement was eligible for the post. The dispute is whether the Petitioner has passed 10+2 Examination or not. The certificate Annexure-5 granted by Sri Jagannath Sanskrit Vishvavidyalaya clearly reveals that the Petitioner had passed Higher Secondary Examination (+2 Arts) in First Division and simultaneously Upasastri Examination. According to learned Counsel appearing for the State and the learned Counsel appearing for Opposite party No. 5, Higher Secondary Examination (+2) of Council of Higher Secondary Education, Orissa and +2 Examination of Sri Jagannath Sanskrit Vishvavidyalaya are not equivalent. Fact remains, the advertisement only stipulated that a candidate must have passed 10+2 Examination. It did not restrict nor did specify the institution from which such qualification was to be had. That apart, the Petitioner had passed +3 Examination (Degree Examination) in Arts from Sri Jagannath Sanskrit Vishvavidyalaya and the said degree had been accepted by the Berhampur University as equivalent to its +3 (Degree) and he was allowed to prosecute LL.B. course which he completed successfully. Opposite party No. 5 has stated to have passed graduation from Berhampur University. Thus the opposite party-authorities were estopped from saying that the integrated 10+2 (Arts) and Upasastri Examination of Sri Jagannath Sanskrit Vishvavidyalaya was not equivalent to 10+2 Arts of Council of Higher Secondary Education, Orissa. Even perusal of the Notification Annexure-9 issued by the Council reveals that its Equivalence Committee had recognized 10+2 qualification obtained from Sri Jagannath Sanskrit Vishvavidyalaya to be equivalent to its 10+2 Humanity Stream.

Admittedly the advertisement only stipulated that a candidate must have passed 10+2 Examination. Law as laid down by the Supreme Court in the case of Secretary, A.P. Public Service Commission Vs. B. Swapna and Others, , is that a selection committee does not have the power to relax the essential qualification and if it does so, the entire process of selection, so far as the selected candidate is concerned, gets vitiated. The selection process has to proceed according to the established norms prescribed in the advertisement and unless the power to relax is clearly spelt out the same cannot be exercised. The requisite qualification as per the advertisement Annexure-1 being pass in 10+2 Examination and as the certificate issued in favour of the Petitioner by Sri Jagannath Sanskrit Vishvavidyalaya clearly indicates that the Petitioner has passed Higher Secondary Examination (+2 Arts) in First Division which qualification was considered by the Equivalence Committee of the Council of Higher Secondary Education, Orissa as equivalent to its +2 certificate and to add to it the +3 Decree obtained by the Petitioner from the same University was accepted to be equivalent to +3 Degree and the Petitioner was permitted to prosecute LL.B. Course, no doubt is left in the mind of this Court that the Petitioner possessed the requisite educational qualification as stipulated in the advertisement. Thus non-consideration of his candidature vitiated the entire selection process.

This Court while issuing notice to the opposite parties by order dated 12.12.2006 had observed that though the process of selection for the post in question might go on, no appointment would be made without the leave of the Court. Thus no right to the post advertised has accrued to opposite party No. 5 as pursuant to the aforesaid order of this Court no one has been appointed till date.

In the aforesaid scenario and in view of the discussions made, this Court allows the Writ Petition and directs the opposite party-authorities to consider the candidature of the Petitioner and prepare a fresh select list in accordance with merit.

The Writ Petition is disposed of.