CWP-4098/2009 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.4098/2009 Rekha Vijayvergia Vs The Rajasthan Public Service Commission & anr. DATE OF ORDER : 01/12/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** mr. Saransh Saini, for petitioner. Mr. SN Kumawat, AAG, for respondents Instant petition has been basically filed by the petitioner with the grievance that the qualification of BE (Information Technology) held by the petitioner, is equivalent to BE (Computer Science) and despite the petitioner being eligible and finally placed in the order of merit, she was not considered for appointment to the post of Lecturer (Computer Engineering). The petitioner completed her Bachelor of Engineering in Information Technology from a recognized institute. The posts of Lecturer (Computer Engineering) were advertised on 11/05/2007. In all, 107 applications were received against 41 posts advertised. The screening test was held on 03/02/2008 result of which was declared on 18/02/2008 in which the petitioner was declared successful. However, she was apprehending that respondents will not permit her to participate in the selection process, at that stage approached this Court and under the interim order dt. 13/04/2009, the CWP-4098/2009 2 respondent-Commission was directed to allow the petitioner to appear for interview and to adjudge her eligibility and the fate of the selection be kept in sealed cover. The result of the petitioner was placed before this Court for perusal and taking note thereof, it was observed that the matter is required to be adjudicated on merits, obviously for the reason that the petitioner was selected for the post in question as evident from the order sheet dated 21/08/2009. The main thrust of submission of the counsel is that when the BE (Information Technology) is equivalent to BE (Computer Science) and equivalence of the qualification has been granted by All India Council for Technical Education vide its letter dt. 16/04/2009 (Anx.6) written to the Director, Directorate of Technical Education, Govt. of Rajasthan, Jodhpur holding that the council is of the opinion that the qualification of BE (Information Technology) is equivalent to BE (Computer Science) for the purpose of employment/higher education and the council being the statutory body created under All India Council for Technical Education Act,1987, in the absence of any material to the contrary being available on record, the petitioner is entitled to be considered for appointment based CWP-4098/2009 3 on her qualification to the post of Lecturer (Computer Science) on the basis of her final selection and denial thereof is in violation of Article 14 of the Constitution of India. Reply has been filed by the State and so also the Commission in which it has been averred that controversy arose when the Director, Technical Education sent a letter 23/10/2008 to the State Government that BE (Information Technology) is a branch of Engineering but the syllabus of Information Technology is different than that of the syllabus of Computer Science and, as such, both the course cannot be said to be equivalent and taking note thereof, the State Government forwarded the said letter dt. 23/10/2008 of the Director, Technical Education to the Commission vide letter dated 13/02/2009. Counsel for respondents submits that since the State Government has taken a decision holding that the qualification of BE (Information Technology) is not equivalent to BE (Computer Science), as such, the respondents have rightly taken decision not to consider the petitioner eligible for the post in question and she has been rightly denied from consideration for appointment despite being finally selected. Counsel for respondents further submits that the letter, of which reference has been CWP-4098/2009 4 made of All India Council for Technical Education dt. 16/04/2009 appears that was not taken note of by the respondents but the State, being the employer, once has taken decision holding that both the two courses are not equivalent, the petitioner is not entitled for any relief. I have heard counsel for the parties and with their assistance examined the material on record. The All India Council for Technical Education is a statutory body created under the All India Council for Technical Education Act, 1987 and holds competence to take decision in regard to the question of equivalence involved in the matter and, as such, the Council, after examining its guidelines and norms, took decision and informed the State of Rajasthan vide its communication dt. 16/04/2009 (Anx.6)- extract of which, being relevant for the purpose, is reproduced as under:- “The Director Got. of Rajasthan Directorate of Technical Education Jodhpur Rajasthan. Sub:Equivalence of B.E./B.Tech Degree in Information Technology to B.E./B.Tech Degree in Computer Science-reg. Sir, This is with reference to your letter No.F12(19)DTE/E-1/C-1/2741 dt. 16.04.2009 on the subject cited above. The same has been examined by AICTE as per its CWP-4098/2009 5 guidelines/norms. Based on the above, it is to inform youthat the Council is of the opinion that B.E./B.Tech Degree in Information Technology is equivalent to B.E./B.Tech Degree in Computer Science for the purpose of employment/higher education only. This is for your kind information and necessary action at you end. Thanking you, Yours faithfully, Sd/- (Prof. H.C. Rai)” Once the Council has taken a decision granting equivalence to B.E./B.Tech Degree in (Information Technology) to B.E./B.Tech. Degree in (Computer Science) for the purpose of employment and higher education, in the opinion of this Court, the State Government is under legal obligation to carry out the same and the decision of the Council in regard to equivalence will certainly prevail upon the State Government. Further, it is clear from the record that the Director, Technical Education informed the State Government on 23/10/2008 but the decision has been taken by the Council which was sent to the Director, Technical Education on 16/04/2009 and no contrary material has been placed on record by the respondents that after the Council took its decision granting equivalence, the State Government, at any point of time at a later stage, reviewed its decision or applied its CWP-4098/2009 6 mind while examining equivalence. In the opinion of this Court, after the equivalence has been granted by the Council, the State is bound to follow and consider such applicants who are holding degree of BE (Information Technology) as equivalent to BE (Computer Science) and they are entitled to be considered for appointment on the post of Lecturer (Computer Science) under the Rules. Consequently, the writ petition stands allowed. The respondents are directed to consider case of the petitioner for appointment on the post of Lecturer (Computer Science) on the basis of her selection pursuant to advertisement dt. 11/05/2007. However, the petitioner will be entitled for seniority and all other service benefits flowing thereof from the date the persons lower in merits have been so appointed including notional fixation of pay but will not be entitled for any pecuniary benefits for the intervening period i.e. the period during which she has not worked. The respondents shall ensure compliance of the order within three months. No costs. [AJAY RASTOGI], J. Raghu/p.6/ 4098-CW-2009-final.doc