Satyen Vaidya, J
1. Petitioners have filed the instant petition for following substantive reliefs:-
i) That the action of the respondent No.2, in rejecting the candidature of the petitioners and declaring them ineligible for the posts of Principal (College Cadre), Class I (Gazetted) (on regular basis) for want of Essential Qualification (i) i.e. the candidate has not studied Master’s Degree subject at graduation level i.e. English vide notice dated 07.11.2023 i.e. Annexure P-6, may be set aside and quashed being null and void.
ii) That the respondents may be directed to consider and recruit the petitioners to the posts of Principal (College Cadre), Class-I (Gazetted) (on regular basis) as Principals.
2. In response to the Advertisement No.64/12-2022 dated 31.12.2022 issued by respondent No.2. Petitioners applied for the post of Principal (College Cadre), Class-I (Gazetted) on regular basis in Pay Scale of Rs.37,400-67000 + Rs.10,000/- G.P. in the Department of Higher Education, Himachal Pradesh. Their candidature has been rejected by respondent No.2 vide communication dated 07.11.2023 on the ground that they have not studied Master Degree subject at Graduation level, i.e. English.
3. Petitioners have assailed their rejection on the ground that both the petitioners have graduated in Science subjects and as such, have qualified Bachelors of Science course from Himachal Pradesh University. As per the petitioners, English was one of the subjects studied by them in First year of Three-years’ degree course and both the petitioners had passed the English subject. On such basis, the petitioners maintain that they have studied English at Graduation level and their candidature has been wrongly rejected.
4. On the other hand, the stand of respondent No.1 is that the recruitment to the post of Principal (College Cadre) is to be done on the basis of Recruitment and Promotion Rules (for short ‘R&P Rules’) for the said post, which provides one of the essential qualification as under:-
“(i) A Master’s Degree with atleast 55% marks (or an equivalent grade in a point scale wherever grading system is followed by a recognized University.
Provided that the candidate must have studies the concerned subject at the Graduation level.”
As per respondent No.1, the petitioners have studies English subject only during the First year of Graduation and not as a main subject. On such premise, the rejection of the candidature of the petitioners has been justified.
5. Respondent No.2 has also filed its separate reply, and has pleaded its bounden duty to make recruitments strictly in accordance with the notified R&P Rules for the post concerned. The provisions of R&P Rules for the post of Principal (College Cadre), which requires a Master’s degree with at least 55% marks from a recognized university and also that the candidate must have studied the concerned subject at the Graduation level, have been said to be the basis for including the same terms in the advertisement dated 13.12.2022.
6. I have heard learned counsel for the parties and have also gone through the record carefully.
7. The controversy involved in the instant petition has a narrow encompass. The issue at hand is whether passing of English subject in the First year of their B.Sc. course by the petitioners fulfills the requirement of R&P Rules for the post of Principal (College Cadre), which stipulates that the candidate must have studied the same subject at the Graduation level, which is also their subject in Post Graduation.
8. The factual aspect is that both the petitioners are Science graduates, who obtained their respective B.Sc. degrees from Himachal Pradesh University. Subsequently, both pursued their Post Graduation in the subject of English. It is not in dispute that the petitioners have finally obtained their respective degrees in Doctorate of Philosophy in English.
9. The petitioners have placed on record their respective result-cum-detailed marks certificates for all the three years of B.Sc. course. It is revealed that English was one of the subjects in First year course, and both the petitioners had passed the subject. During rest of the two years of B.Sc. course, English was not one of the subjects prescribed in the curriculum. In Second year, the subjects in respect of petitioner No.1 were Mathematics, Botany, Chemistry, Zoology and Hindi General. During Third year, subjects were Mathematics, Zoology, Chemistry and Botany. Similarly, petitioners No.2 had Mathematics, Botany, Chemistry and Zoology, as subjects in Second and Third years of B.Sc. course.
10. It is not the case of the respondents that the petitioners had opted not to study English subject during Graduation. Since, both the petitioners have graduated in Science subject, they had passed all such subjects which were prescribed as per curriculum. English being subject available only during First year of B.Sc. course, both the petitioners passed said subject besides others and thereafter, they had no opportunity to study English as subject. Nonetheless, both the petitioners did their Post Graduation and finally, Doctorate in English subject.
11. No doubt, the essential qualifications prescribed by the R&P Rules are to be possessed by the petitioners. The respondents are interpreting the term “Graduation level”, as if the subject was to be passed by the candidate in each year of Graduation course. Interpretation so adopted by the respondents is incorrect, insofar as the case of the petitioners does not appear to be correct. The term “Graduation level,” as used in relevant R&P Rules, will have its different connotations in different factual situations. Where the Graduation curriculum provides for particular subject in one year only, it will be sufficient, compliance of relevant R&P Rules, as candidate in such event had no opportunity to pass the subject in other two years. For B.Sc. course, the experts, while choosing the subjects as part of curriculum, in their wisdom had found passing of English subject in only one year of three years course, as sufficient to grant a Degree of Graduation in Science, subject to passing of other subjects prescribed in the curriculum during all other years.
12. In light off above discussion, the petition is allowed. The rejection of candidature of the petitioners to the post of Principal (College Cadre) vide notice dated 07.11.2023, Annexure P-6, is quashed and set aside. Respondents are directed to consider the petitioners, eligible for participation in the selection process for the post of Principal (College Cadre), Class-I (Gazetted) on regular basis pursuant to Advertisement No.64/12-2022 dated 31.12.2022 issued by respondent No.2.
Petition is accordingly disposed of, so as the pending miscellaneous applications, if any.
