Case: ZONAL MANAGER, BANK OF INDIA, ZONAL OFFICE, KOCHI  Vs. AARYA K. BABU

For the purpose of narration of facts, the case as pleaded in SLP(C) No.16567/2016 is taken note. In respect of the recruitment to be made in the Banking Sector the respondent No.2 herein, an institute of Indian Banking Personnel Selection ( ?IBPS? for short) undertakes the process of recruitment by issue of appropriate Notification in that regard.In the instant fact situation, the Notification dated 17.11.2014 was issued calling for applications from interested candidates for the different posts that were advertised therein. The consideration herein relates to the recruitment for the post of Agricultural Field Officer (Scale-1). The private respondents in both these appeals are applicants for the said post. The process of selection was undertaken and the private respondents in both these appeals were provisionally selected, subject to verification of their documents and were accordingly allotted by the IBPS to the respective appellant Banks herein. However, the selection of both the private respondents was cancelled on the ground that the private respondents herein did not possess the qualification prescribed in the notification for appointment. It is in that regard the private respondents claiming to be aggrieved by such action were before the learned Single Judge of the Kerala High Court assailing the termination orders in the respective writ petitions as taken note above.The learned Single Judge on taking note that though the requirement in the Notification was of graduates possessing Decree in ?Agro-Forestry? had taken into consideration that the private respondents herein had secured the 4-year Degree in ?Forestry? and held the same to be sufficient. In that regard the learned Single Judge had taken note that there is no 4¬year Degree Programme being offered in this country for ?Agro-Forestry? and in that background on referring to the information furnished by the Indian Council of Agricultural Research ( ?ICAR? for short) which had been relied upon by the private respondents herein, had taken into consideration that as per the said institution, the definition of Agriculture included ?Forestry?. In that background finding the same to be an appropriate qualification had favourably considered the case of the private respondents herein. That apart it was also taken note that the Ministry of Agriculture and Farmers Welfare as also the Ministry of Finance have subsequently taken note of the error that there is no 4-year Course in ?Agro¬ Forestry? in the country and that ?Agro¬Forestry? is covered comprehensively as the subject in ICAR approved syllabus for B.Sc. in ?Forestry? and that it can be considered as the qualification for the post of Agricultural Field Officer in Banks. In that background, taking into consideration all these aspects of the matter the termination orders issued to the private respondents in withdrawing the offer of appointment were set aside and the appellants herein were directed to take back the private respondents into service.The appellants herein claiming to be aggrieved by the said decision of the learned Single were before the Division Bench in the appeals as referred to above. The Division Bench also had taken note of these aspects and the consideration made by the learned Single Judge in this regard was upheld. In the course of the proceedings in the Writ Appeal the appellants herein had relied upon the judgment dated 09.02.2016 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in W.P.(C) No.4823/2015 titled as Kishor Deoramji Gahane vs. The Institute of Banking Personnel Selection & Others. The said judgment was cited since the very issue relating to qualification of B.Sc. in ?Agro- Forestry? had arisen for consideration and in that background it was also taken note therein that a corrigendum dated 16.01.2016 had been issued whereby the 4 year B.Sc. Degree in Forestry, Agricultural Biotechnology, Food Science and Agricultural Business Management were also included as the recognised educational qualification for appointment to the post of Agricultural Field Officer (Scale-1). In that circumstance, in that case it was noticed that the advertisement was of the year 2015 while the corrigendum was issued on 16.01.2016 and in that view the Division Bench of the Nagpur Bench had declined the relief to the petitioner therein by holding that the qualification depicted in the notification will be relevant. The Division Bench of the Kerala High Court in the present case had however, respectfully disagreed with the said view and proceeded to uphold the order passed by the learned Single Judge and dismiss the appeal filed by the appellants herein. It is in that light the appellants are before this Court.

Reasoning: 13. Though we have taken note of the said contention we are unable to accept the same. We are of such opinion in view of the well-established position that it is not for the Court to read into or assume and thereby include certain qualifications which have not been included in the Notification by the employer. Further the rules as referred to by the learned counsel for the respondents is pointed out to be a rule for promotion of officers. That apart, even if the qualification prescribed in the advertisement was contrary to the qualification provided under the recruitment rules, it would have been open for the candidate concerned to challenge the Notification alleging denial of opportunity. On the other hand, having taken note of the specific qualification prescribed in the Notification it would not be open for a candidate to assume that the qualification possessed by such candidate is equivalent and thereby seek consideration for appointment nor will it even be open for the employer to change the requirements midstream during the ongoing selection process or accept any qualification other than the one notified since it would amount to denial of opportunity to those who possess the qualification but had not applied as it was not notified.In fact, this view is fortified by the decision of this Court in the case of Mohd. Sohrab Khan vs. Aligarh Muslim University & Ors. (2009) 4 SCC 555 relied on by the learned counsel for thethe above decision is kept in perspective it is clear that while examining the correctness of the action of the employer what would be sacrosanct will be the qualification criteria published in the Notification, since if any change made to the qualification criteria midstream is accepted by the Court so as to benefit only the petitioners before it, without making it open to all the qualified persons, it would amount to causing injustice to the others who possess such qualification but had not applied being honest to themselves as knowingly they did not possess the qualification sought for in the Notification though they otherwise held another degree. Therefore, if there is any change in qualification / criteria after the notification is issued but before the completion of the selection process and the employer / recruiting agency seeks to adopt the change it will be incumbent on the employer to issue a corrigendum incorporating the changes to the notification and invite applications from those qualified as per the changed criteria and consider the same along with the applications received in response to the initial notification. The same principle will hold good when a consideration is made by the Court.If in that background the instant facts are taken note, it would disclose that the Notification depicting the qualification required as Degree in B.Sc. (Agro-Forestry) was issued on 17.11.2014 and the process of selection had come to an end when the private respondents herein were issued the appointment letters dated 17.09.2015 and 29.05.2015 respectively. Admittedly as on such date the Notification required the candidates possessing B.Sc. (Agro-Forestry) but the private respondents were graduates in B.Sc. (Forestry) and as such were not qualified to respond. The change was made subsequent thereto by the general corrigendum dated 16.01.2016 by including the qualification of B.Sc. (Forestry), which would be effective from that day by providing opportunity to all those holding that qualification. Therefore, in such cases the change of qualification whereby the qualification of the private respondents gets included subsequently cannot enure to their benefit alone when several others who could have applied were prevented from doing so.Further it is not for the Court to provide the equivalence relating to educational qualifications inasmuch as the said issue has been settled by the Constitution Bench of this Court in the decision relied upon by the learned counsel for the appellants in the case of Mohammad Shujat Ali & Ors. vs. Union of India & Ors, (1975) 3 SCC 76 wherein it is held that the question in regard to equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications and where the decision of the Government is based on the recommendation of an expert body which possesses the requisite knowledge, skill and expertise for adequately discharging such a function, the Court, uninformed of relevant data and unaided by the technical insights necessary for the purpose of determining equivalence, would not lightly disturb the decision of the Government.In that backdrop, though in the instant facts presently the qualification possessed by the private respondents is decided to be included for the purpose of recruitment to the post of Agricultural Field Officer, as on the date of the recruitment Notification the same was not included therein, which cannot be substituted by the Court with retrospective effect for the reasons stated above. Therefore, in the said circumstance, in the present facts, the High Court was not justified in its conclusion. We, however, make it clear that though we have referred to the legal position and applied the same to the case of the parties who are before us, if in the case of similar recruitment, the employers themselves have permitted the equivalence and have continued such of those officers recruited, this decision shall not be applied to initiate action against such officers at this distant point of time. Subject to the above, the orders passed by the High Court of Kerala which are impugned herein are set aside.Having arrived at the above conclusion we also take note of the submission of the learned counsel for the private respondent in the appeal arising out of SLP© No.16567/2016 namely Smt. Aarya K. Babu that she is placed in a very difficult circumstances subsequent to the discharge from service which is also due to certain set back in her personal life. Though we do not wish to articulate the actual fact situation narrated we have no reason to disbelieve the same, hence, we find it appropriate that in her case it is necessary to exercise our discretion under Article 142 of the Constitution to serve the ends of justice and do complete justice without prejudicing either of the parties.