Sumit Kumar vs Himachal Pradesh Subordinate Service Selection Board

Sanjay Karol, J.—Despite opportunities afforded, rejoinder not filed. Learned counsel for the petitioner submits that rejoinder is also not required to be filed. Petitioner has prayed mainly for the following reliefs:

(i) That the impugned letter dated 31.07.2013, Annexure-P2 may very kindly be quashed and set-aside with a directions to the respondent to hold interview qua the petitioner, being eligible in all respects for the post in question and declare the result without keeping any ill-will or grudge against the petitioner for approaching this Hon''ble Court for redressal of his grievance.

(ii) That the directions may be given to declare the result.

Annexure P-2 is the communication dated 31.7.2013, issued by the Assistant Registrar, H.P. Subordinate Services Selection Board, Hamirpur (HPSSSB), conveying cancellation of candidature of the present petitioner, who had applied for the post of PGT (Informatics Practices). Reason assigned for cancellation reads as under:

Essential Qualification not fulfilled, i.e. Passed B. Tech (ECE) without PGDCA.

An advertisement was issued for filling-up the post in question, clearly prescribing the essential qualification. The relevant condition reads as under:

Essential Qualification:-

Academic Qualification

Degree in following with minimum of 50% marks in aggregate.

B.E. or B. Tech. in Computer Science/Information Technology or equivalent degree from a recognized University/Institute.

OR

B.E. or B. Tech. (any stream) from a recognized University/Institute and Post graduate Diploma in Computer Science/Technology/Applications or equivalent from a recognized University/Institute.

OR

M. Sc. (Computer Science)/MCA or equivalent from a recognized University/Institute.

OR

Post Graduate Degree in Mathematics/Physics from a recognized University with Post Graduate Diploma in Computer Sciences/Applications from a recognized University/Institute.

OR

"B" or "C" level course from DOEACC Society.

(Emphasis supplied)

From the response so filed by the State, we find that petitioner has acquired a degree of B. Tech (Electronics and Communication Engineering). Now, there is nothing on record to even remotely suggest that petitioner has acquired a degree of B. Tech in Computer Science/Information Technology or that the stream of Electronics and Communication Engineering is equivalent to that of Computer Science/Information Technology. Essential qualification required is specific to the post in question and not general stream, in which the petitioner has acquired the degree. Also, respondent has clarified that petitioner could not produce the certificate of Post Graduate Diploma in Computer Science/Information Technology/Applications or equivalent thereof from a recognized University/Institute. In the absence of any material to suggest that petitioner''s degree is equivalent "to the stream prescribed", we are of the considered view that there is neither any illegality nor arbitrariness in the impugned action of the respondent. Petitioner''s candidature rightly stands rejected, for the reason that he does not fulfill the essential qualification. As such, petition, devoid of merit, is dismissed.

With the aforesaid observations, writ petition stands disposed of, so also pending application(s), if any.