Soumya Singh Sheeshmukh vs Indian Council Of Forestry Research And Education And Others

Vipin Sanghi, CJ

The petitioner has preferred the present writ petition to assail the order dated 10.01.2023 passed by respondent Nos. 2 and 3 rejecting her Application for the post of Scientist-B Chemistry, Post Code 2104-Chemistry (SCT) on the ground that she has not mentioned subject specialisation in the essential qualification document.

The petitioner has obtained the M.Sc. (Chemistry) Degree from Hemwati Nandan Babhuguna Garhwal University, Srinagar (Garhwal) by pursuing the said course during 2017-2019. The petitioner has placed on record the Grade Card dated 14.05.2019 issued to her in respect of the First and the Second Semesters, and the other Grade Card dated 13.11.2019 issued to her in respect of the Third and the Fourth Semesters. She has also placed on record the Degree issued by the said University to her, which certifies that the petitioner has been conferred with the Degree of Master of Science in the subject “Chemistry”, with CGPA 6.54.

The essential qualification prescribed for the post against which the petitioner made her Application to the Indian Council of Forestry Research and Education is as follows:-

“Essential Qualification

First Class M.Sc. degree in Chemistry from a recognized University with specialisation in Organic Chemistry.”

The submission of the petitioner is that even though her Degree issued by the respondent-University does not mention her specialisation in Organic Chemistry, the fact of the matter is that she has studied subjects in Organic Chemistry, as is evident from the Grade Cards issued to her.

The petitioner has placed reliance on a Certificate issued by the Assistant Registrar of the respondent-University dated 13.01.2023, which, inter alia, states that “She has Studied / Specialization in Organic Chemistry during the entire course.”

On the aforesaid premise, the submission of the learned counsel is that the petitioner should be permitted to sit in the forthcoming examination, which is scheduled to be held on 16.04.2023, and the issue whether her qualification of M.Sc. (Chemistry) is same as M.Sc. Degree in Chemistry from a recognized University with specialization in Organic Chemistry, should be referred to the competent Committee for determination.

Learned counsel for the petitioner has also placed reliance on an interim order dated 17.11.2018 of this Court in Writ Petition (SB) No. 582 of 2018 titled “Monika Verma vs. State of Uttarakhand and another” with two other petitions, whereby the writ petitioner was permitted to participate in the examination without prejudice to the rights and contentions of the parties and simultaneously the respondent-authorities were directed to undertake the exercise of determining whether M.Sc. (Applied Mathematics) post graduate degree obtained by the petitioners are equivalent to the M.Sc. (Mathematics) post graduate degree prescribed as the qualification for being considered for appointment as Assistant Professors.

We have considered the submission of learned counsel for the petitioner.

The essential qualification prescribed by the respondents for the post of Scientist-B under the Post Code 2104-Chemistry (SCT) is ‘First Cass M.Sc. degree in Chemistry from a recognized University with specialization in Organic Chemistry’. The M.Sc. Degree obtained by the petitioner from the respondent-University merely states that she has obtained the Degree of Master of Science in the subject ‘Chemistry’. The said Degree does not state that she has obtained a Degree of Master of Science in the subject of ‘Organic Chemistry’.

Therefore, on a plain reading of the said Degree, it is clear that the petitioner’s qualification cannot be construed as the M.Sc. in Organic Chemistry. The submission that the petitioner has pursued different subjects in Organic Chemistry in each of the four Semesters while pursuing her M.Sc. Degree is neither here nor there.

A perusal of the Grade Cards would show that the petitioner had papers in Organic, Inorganic and Physical Chemistry, apart from other papers in each of the Semesters.

Just to give another example, if a student pursues B.Sc. simplicitor, he/she cannot claim that he/she has obtained a Degree in either Physics (Hons), Chemistry (Hons) or Mathematics (Hons), even though those subjects may be taught as part of simple B.Sc. for a post. Such a person cannot claim to have specialised in any of these subjects.

The Certificate obtained by the petitioner from the Assistant Registrar of the respondent-University was neither here, nor there, since it is not based on any resolution or decision of the Academic Council of the respondent-University. Since the course offered by the respondent-University was M.Sc. (Chemistry), and it is that course which was pursued by the petitioner, she cannot turn around and say that she has pursued M.Sc. in Organic Chemistry, or M.Sc. (Chemistry) with Specialization in Organic Chemistry. If this submission of the learned counsel for the petitioner were to be accepted, tomorrow she may use her M.Sc. Degree in Chemistry, and Grade Cards, to claim that she has M.Sc. Degree with specialization in Inorganic Chemistry. The reliance placed on the order dated 17.11.2018 passed in Writ Petition (S/B) No. 582 of 2018 titled “Monika Verma vs. State of Uttarakhand and another” is also of no avail. The same does not lay-down any ratio, and it is merely an interim order, which does not constitute a binding precedent. There is no occasion for us to refer it to the Committee of the respondent-University to determine whether M.Sc. Degree in Chemistry obtained by the petitioner can be treated as M.Sc. Degree in Chemistry from a recognized University with specialisation in Organic Chemistry.

For the aforesaid reasons, we find no merit in this petition. The same is dismissed.

Let a certified copy of this order be issued to the parties today itself, on payment of the prescribed charges.