Case: Nagaland Public Service Commission Vs. State Of Nagaland &amp; Ors

Kurian Joseph, J.1. Leave granted.2. The short dispute that arises for consideration in these two appeals is on the essential qualification for the post of Lecturer, Chemistry in the Higher Education Department in the State of Nagaland.3. The prescribed qualification is M.Sc. in the subject concerned. The appellant, in the connected matter, is only M.Sc. in Biochemistry. It is the contention of the appellants that Biochemistry is Chemistry for all purposes.4. We find it difficult to accept the submission. It may be seen from the advertisement itself for Item No. 10, that for the post of Lecturer in Chemistry, what is prescribed is only M.Sc. without any further description. It is a post in the Department of Information Technology and Technical Education. But for the post of Lecturer in Chemistry in Higher Education, the prescribed qualification, being M.Sc. in the subject concerned, namely, Chemistry itself, the appellant - Nagaland Public Service Commission is not right in completing selection based on the opinion sought from the expert that Biochemistry is Chemistry for all purposes.5. Qualification is something to be prescribed by the State Government, the appointing authority. The Commission is only to go by the qualification and it cannot improve upon that.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]4. We find it difficult to accept the submission. It may be seen from the advertisement itself for Item No. 10, that for the post of Lecturer in Chemistry, what is prescribed is only M.Sc. without any further description. It is a post in the Department of Information Technology and Technical Education. But for the post of Lecturer in Chemistry in Higher Education, the prescribed qualification, being M.Sc. in the subject concerned, namely, Chemistry itself, the appellant - Nagaland Public Service Commission is not right in completing selection based on the opinion sought from the expert that Biochemistry is Chemistry for all purposes.5. Qualification is something to be prescribed by the State Government, the appointing authority. The Commission is only to go by the qualification and it cannot improve upon that.In case the appellant is otherwise eligible in terms of the fresh instructions issued by the State Government and in view of the mandatory reservation, we make it clear that it will be open to the State Government to relax the age of the appellant for the purpose of application.