Subhashree Dash vs Union Of India & Others

L Narasimha Reddy, J

The Kendriya Vidyalaya Sangathan -2nd respondent herein intended to fill various teaching and non-teaching posts, and the selection process was entrusted to the Staff Selection Commission - 3rd respondent. A notification was issued in this behalf on 14.08.2018by the 2nd respondent. One of the posts advertised was Trained Graduate Teacher (TGT) in Mathematics. The qualifications stipulated for the post are Bachelor Degree in Maths with any one of the two following subjects i.e. (1) Physics (2) Chemistry (3) Electronics (4) Computer Science and (5) Statistics. The applicant responded to the advertisement and has also participated in the written test. On the basis of the marks secured by her, she was placed in the 83rd position in the general category. She was called for interview and at that stage the scrutiny of the certificates was undertaken. On finding that the applicant studied B.Tech and not any graduation with mathematics as one of the subjects, the Respondents 2 and 3 did not treat her as qualified. Therefore, she filed this OA to challenge the action of the respondents in treating her as not qualified, and with a prayer to direct them to consider her for appointment on the basis of the rank secured by her.

The applicant contends that the subject of mathematics is taught extensively in the B.Tech course and the other subjects such as Electronics, Physics are also part of the curriculum, in that degree. It is also pleaded that the B.Tech is treated as one of the recognized courses for admission into B.Ed, on par with B.Sc Maths, etc and there was absolutely no basis for the respondents in treating her as not qualified.

On behalf of the respondents a detailed reply is filed. According to them, a teacher of Mathematics is supposed to be conversant with the subject and obviously for that reason the Graduation in that subject is insisted on. It I stated that the subject of Mathematics and other two allied subjects are required to be studied in the entire length of the course of three years and occasional study of Mathematics in B.Tech can hardly be treated as the prescribed qualification or its equivalent.

We heard Ms.Vikas Tripathi, learned counsel for the applicant and Ms.Rashmi Bansal, learned counsel for the respondents in detail.

Apart from addressing extensive arguments on merits, learned counsel for the parties have also relied upon certain cases and made written submissions.

The post as regards which, the issue arises, is that of TGT in Mathematics. The qualifications stipulated for that post read as under :

Essential Qualification for the posts at Sl.No.1 to 6

(a) Four years integrated degree course of Regional College of Education of NCERT n the concerned subject with at least 50% marks in aggregate.

OR

Bachelor's Degree with at least 50% marks in the concerned subject/combination of subject and in aggregate. The elective subjects and languages in the combination of subjects are as under :

TGT (Maths) Bachelor Degree in Maths with any two of the following subjects :-

Physics, Chemistry, Electronics, Computer Science, Statistics

The stipulation is very categorical and unambiguous. Nothing short of a Bachelor Degree in Mathematics, with two of the five subjects mentioned therein. This is in addition to the Degree in B.Ed, pass in CTET and Proficiency in teaching in Hindi and English Medium. Knowledge in computer applications is mentioned as desirable. The respondents have further elaborated the educational qualification stipulated for the post, in the instructions to the candidates, which is part of the advertisement. Para-C thereof reads as under :

C. For the post of TGT (Maths)

The candidate should have studied Maths in all the years of graduation with any two subjects out of Physics, Chemistry, Electronics, Computer Science, Statistics.

In case of Honours Degree in maths, the candidate should have studied Maths in all the years of graduation with at least 50% marks in aggregate and any of the two subjects indicated in point No.1 above with at least 50% marks in each subject at graduation, level and also at least 50% marks in graduation.

BA (Hons.) in Maths and B.Sc (Hons) in any subject other than Maths are not eligible for the post of TGT (Maths).

A perusal of the same discloses that the amount of clarity, which the respondents had, as regards the post. They did not leave any scope for either for interpretation or for equivalence. What is mentioned in the advertisement is a full fledged study for three years in Mathematics, along with two other subjects mainly in Physical Sciences. Admittedly the applicant did not study that course. She did B.Tech. It is not even demonstrated that the curriculum of the B.Tech comprises of three years regular study in Mathematics and in two of the five subjects mentioned in the advertisement. The occasional study of the Mathematics in one or two semesters that too, in the limited context of an Engineering Degree, can, by no stretch of imagination, be treated as a Bachelor Degree in Mathematics, nor it can lead to Bachelor Degree in Mathematics.

Learned counsel for the applicant has argued that the applicant was admitted into B.Ed course on the basis of the B.Tech Degree and in that view of the matter, the respondents cannot doubt her eligibility. The parameters for admission into B.Ed have absolutely nothing to do with the qualifications stipulated for the post of TGT. When the 2nd respondent had made its own stipulations to the post, it is not at all permissible for us to draw any inferences or to undertake comparison.

Another point urged on behalf of the applicant is that in the application form, a column was incorporated to indicate whether a candidate had studied stipulated Degree or any "Other". This again is of no relevance. The nomenclature of a particular course may vary from University to University. Obviously for that reason, the 2nd respondent has chosen to mention the content of the course than its nomenclature. The word "other" becomes useful or relevant when the course to the same content is known to the different names. For example in some universities, the Engineering Degree is called B.E. and other it is B.Tech. The examples can be multiplied. The applicant cannot take shelter under the word "other", as long as the course studied by her did not conform to the stipulation.

Similar issue fell for the consideration before the Hon'ble Supreme Court in Civil Appeal No.232/2020. The Delhi Municipal Corporation intended to fill the post of Labour Welfare Superintendent. The qualifications stipulated for the post was (1) Degree from an University (2) Post Graduation Degree / Diploma in Social Work or Labour Welfare or Industrial Nations or Personal Management. A candidate by name Kavinder, applied for the post and PG Degree held by him was in M.B.A. His plea was that the subject of Social Work, Labour Welfare and Personal Welfare were taught in M.B.A. in some semesters. When the candidature of himself and similarly situated persons was not considered, they filed OA.1492/2013 before this Tribunal. The plea of the applicant therein was accepted and they were directed to be treated as qualified. The Writ Petition filed by the North Delhi Municipal Corporation was dismissed by the Hon'ble Delhi High Court. Thereafter the Corporation approached the Hon'ble Supreme Court. In its judgement dated 21.07.2020, the Hon'ble Supreme Court observed as under :

"9. The first respondent completed the MBA degree programme from Maharshi Dayanand University, Rohtak. The mark sheets which have been relied upon by the first respondent indicate that during the course of the second semester, he studied Human Resource Management as a subject. In the fourth semester, the first respondent had a course in Industrial Relations and Labour Legislation. Studying these two subjects would not lead to the conclusion that the first respondent holds a post graduate degree or diploma in the disciplines which have been specifically spelt out in the advertisement or in any allied subject. The MBA degree cannot be regarded as allied to a post graduate degree or diploma in Social Work, Labour Welfare, Industrial Relations or Personnel Management. The recruitment was being made to the service of the appellant. The advertisement did not specifically provide how equivalence was to be established between a postgraduate degree/diploma in the subjects specified in the advertisement and a postgraduate degree/diploma in an allied subject. The appellant as an employer was best suited to judge whether the degree of the first respondent was in an allied subject. Unless this assessment was perverse or contrary to the requirements prescribed, the Tribunal had no reason to interfere. We are of the view that the Tribunal was manifestly in error in holding that the first respondent was qualified merely because he studied two subjects as a part of his MBA degree programme, namely, Human Resource Management and Industrial Relations and Labour Legislation. The High Court has simply affirmed the view of the Tribunal."

Almost similar situation obtains in this case also. When the requirement is of a full fledged study of Mathematics, spread over to the three years in Graduation, together with two other subjects, a professional course in Engineering or in Technology cannot be equated to that.

Learned counsel for the applicant relied upon an order passed by the Telangana High Court. The facts of the case however, are not similar or comparable to those in the instant case.

We do not find any merit in this OA and accordingly the same is dismissed. There shall be no order as to costs.