Case Title: Mini Agarwal v. Bihar Public Service Commission and others.
Case No.: 15933/ 2023
Dated on: 29th May 2024
Coram: Hon’ble MR. JUSTICE ANJANI KUMAR SHARAN
FACTS OF THE CASE
the petitioner has applied for the post of Assistant Professor in Govt. Engineering Colleges, against the vacancy advertised by the Bihar Public Service Commission, vide advertisement no. 63/2020. After scrutiny, the petitioner was found eligible and was allowed to appear in written (objective) competitive examination and accordingly, the concerned Authority issued Admit Card of the petitioner bearing Roll No. 630278. she appeared in the written examination and was successful, proceeding to the interview stage. which was scheduled to be conducted on 12.04.2023. This petitioner has appeared before the Interview Board on the scheduled date and time along with relevant documents. After the interview, the petitioner discovered she had been awarded “0” marks for her graduation percentage because she held a B.Sc. (Physics) degree rather than a B.Sc. (Hons.) degree. The BPSC cited the requirement of a B.Sc. (Hons.) degree for awarding marks in this category. Subsequently, she sought some information from Department of Science and Technology & B.P.S.C. under RTI and filed representation before the Secretary, Bihar Public Service Commission and requested to review the relevant documentation and policies to ensure a fair assessment of her qualifications and consider her B.Sc.(Physics) degree as valid. Her requests were not addressed, leading her to file the present writ petition.
ISSUES
- Whether the petitioner’s B.Sc. (Physics) degree should be considered equivalent to a B.Sc. (Hons.) degree for the purpose of awarding marks in the recruitment process for Assistant Professor as per UGC notification F5-1/2013 (CPP-II) and the Bihar Engineering Education Service Rules, 2020.
LEGAL PROVISIONS
Bihar Engineering Education Service Rules, 2020:
- Table-1: Specifies the qualifications required for the post of Assistant Professor in Engineering and Technology, and in Humanities and Science.
- Table-2: Provides the weightage scheme for direct appointments to the post of Assistant Professor, specifying that candidates with a B.Sc. (Hons.) or B.A. (Hons.) degree are eligible for a 5% weightage for graduation marks.
UGC Notification F5-1/2013 (CPP-II) dated July 5, 2014:
- This notification deals about the specified degree and talks about degree like B.Sc./B.Sc. (Hons.). It means the degrees are treating in same fashion. As such, there should be treated to be one of the specified under graduate degree for direct recruitment for the post of Assistant Professor in Bihar Engineering College
UGC Notification F.1-2/2017(EC/PS) dated July 18, 2018:
- Specifies the minimum qualifications for the appointment of teachers and academic staff in universities and colleges. The petitioner referenced this notification to argue that it does not differentiate between B.Sc. and B.Sc. (Hons.) for shortlisting candidates.
Advertisement No. 63/2020 by BPSC:
- Specifies the eligibility criteria and weightage scheme for the recruitment of Assistant Professors in Government Engineering Colleges, including the requirement for a B.Sc. (Hons.) degree to receive marks for the graduation percentage.
CONTENTIONS OF THE PETITIONER
The petitioner contended that her B.Sc. (Physics) should be considered equivalent to a B.Sc. Hons. degree based on the UGC notification F5-1/2013 (CPP-II) dated July 5, 2014, which does not differentiate between B.Sc. and B.Sc. (Hons.) degrees, treats them in the same manner. Also, UGC notification F.1-2/2017(EC/PS) dated July 18, 2018, which specifies the minimum qualifications for teaching positions and does not distinguish between B.Sc. and B.Sc. (Hons.) degrees. She argues that the BPSC’s action is contrary to these UGC regulations. As per the Bihar Engineering Education Service Rules, 2020, and the UGC guidelines, her B.Sc. degree should make her eligible for the 5% weightage in graduation marks, which was denied to her by the BPSC. The petitioner points out that in previous BPSC advertisements, such as advertisement no. 19/2020 for the post of Lecturer in Government Polytechnic Colleges, marks were awarded for B.Sc. degrees irrespective of whether they were Hons. or not. She argues that the current practice of denying marks for her B.Sc. degree is inconsistent and unreasonable. The petitioner claims that despite filing representations and requests for reconsideration to the Secretary of the BPSC and the Department of Science and Technology, her qualifications were not fairly assessed, and no action was taken in her favour. She argues that the recruitment process should be fair and not disadvantage her based on a technical distinction between B.Sc. and B.Sc. (Hons.) degrees, especially when UGC guidelines and previous BPSC practices did not make such a distinction, and thus, her B.Sc. degree should be considered valid for awarding the 5% graduation weightage as per the Bihar Engineering Education Service Rules, 2020.
CONTENTIONS OF THE RESPONDENTS
The respondents argue that the Bihar Engineering Education Service Rules, 2020, explicitly require a B.Sc. (Hons.) or B.A. (Hons.) degree for awarding the 5% weightage in graduation marks. Since the petitioner holds a B.Sc. degree without honors, she does not qualify for these marks. They maintain that the advertisement no. 63/2020 for the recruitment of Assistant Professors was issued in compliance with the requisition sent by the Department of Science and Technology and follows the Bihar Engineering Education Service Rules, 2020. Therefore, the recruitment process, including the qualification criteria, is legally valid and binding. The respondents emphasize that Table-2 of the Appendix-1 of the Bihar Engineering Education Service Rules, 2020, prescribes that the weightage for graduation marks is specifically for candidates with B.Sc. (Hons.) or B.A. (Hons.) degrees. Hence, the petitioner’s B.Sc. (Physics) degree does not meet this requirement. While the respondents acknowledge the mark distribution scheme adopted for appointment of lecturers allowed marks for B.Sc. degrees irrespective of honors, the assert that the recruitment criteria for the post of Assistant Professor are different and more stringent, which justifies the distinction made in the current advertisement. BPSC has the authority and discretion to interpret and implement the rules as laid out in the Bihar Engineering Education Service Rules, 2020. The decision to award “0” marks for the petitioner’s B.Sc. degree is in accordance with these rules and as far as the issue of reconsideration is concerned, the representations of the petitioners were duly reviewed but found to be without merit based on the explicit requirements of the advertisement and the rules. Therefore, no changes were made in her favour. One point unites all of the respondents’ arguments: the hiring process was carried out in a lawful and equitable manner, abiding by the established weighting schemes and criteria. The petitioner’s writ application is without merit because her qualifications did not match the required standards.
COURT’S ANALYSIS AND JUDGEMENT
The court upheld the Bihar Engineering Education Service Rules, 2020, which clearly differentiate between B.Sc. and B.Sc. (Hons.) degrees for awarding weightage marks in the recruitment process. The court emphasized that the rules explicitly prescribe a maximum 5% weightage for graduation marks only to candidates with B.Sc. (Hons.) or B.A. (Hons.) degrees. The Coury stated that the BPSC’s advertisement no. 63/2020 was in consonance with the requisition sent by the Department of Science and Technology and complied with the Bihar Engineering Education Service Rules, 2020. The educational qualifications and weightage scheme provided in the advertisement were found to be lawful and appropriately applied. The court gave importance to the precedent requirements laid down in the Bihar Engineering Education Service Rules, 2020 to be binding for the recruitment process and rejected the petitioner’s argument that her B.Sc. degree should be treated as equivalent to a B.Sc. (Hons.) degree based on UGC notifications and noted that even though there were some inconsistency in the previous advertisements, The current recruitment criteria for Assistant Professor are distinct and justified by the need for more stringent qualifications. The court concluded that the recruitment process was conducted fairly and legally, adhering strictly to the rules and guidelines. The BPSC’s decision to award “0” marks for the petitioner’s graduation percentage was found to be in accordance with the advertised criteria. Based on the above rationale the court dismissed the writ application, stating that the petitioner’s B.Sc. degree does not qualify for the weightage marks as per the prescribed rules, and thus, there is no merit in her claims.
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Judgement Reviewed by – PRATYASA MISHRA
