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O.A.NO.1443 OF 2018
New Delhi, this the day of May, 2018
CORAM:
HON’BLE SHRI RAJ VIR SHARMA, JUDICIAL MEMBER
AND
HON’BLE MS. PRAVEEN MAHAJAN, ADMINISTRATIVE MEMBER
…………….
1. Saurabh Kumar,
Aged About 28 Years,
S/o Gopal Prasad Avasta,
R/o 1-232, Amita Sadan, Bargadwa,
Gorakhpur, UP-273007
2. Abhishek Singh
Aged About 27 Years,
S/o Ram Singh,
R/o A-1009, H.A.L Township
Korwa, Amethi, UP-227412
3. Brijesh Kumar
Age about 28 years,
S/o Hemraj Rao,
R/o VPO-Kasani, Teh-Chirawa,
District-Jhunjhunu, Rajasthan-333029
4. Jagpal Singh
Age about 33 years,
S/o Biram Pal Singh,
R/o Village-Talheri Khurd,
PO-Deoband, Saharanpur, UP-247554
6. Bhargava Thakkellapati
Age about 28 years,
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S/o T.Venkateshwrlu,
R/o D.No. 7-157, Adigoppula,
Guntur, Andhra Pradesh-522612
7. Abhishek
Age about 30 years,
S/o Indu Kumar Sharma,
R/o Village-Bhadwa, Post-Itasang, P.S.-Rahui,
District-Nalanda, Bihar-803119
8. Shilpa
Age about 27 years,
D/o Satbir Singh,
R/o 180, First floor, Pocket A-3,
Sector-7, Rohini, New Delhi-110085
9. Abhishek Singh
Aged About 25 Years,
S/o Mahendra Singh,
R/o 81/15, Yadav Market, Barra-2
Kanpur, UP-208027
13. Vinay
Age about 28 years,
S/o Virendra Singh,
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District-Kisanganj, Bihar-855115
23. Abhijeet
Age about 22 years,
S/o Rajiv Sharma,
R/o House No.528, Huda Sector-13,
Bhiwani, Haryana-127021
24. Ashutosh
Age about 24 years,
S/o Raj Narain Yadav,
R/o House No.24-4, Kharaiya, Pokhra,
Basaratpur, UP
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31. Jaikaran
Age about 29 years,
S/o Motilal Thakur,
R/o Village & Post-Banuri, Tehsil-Palampur,
District-Kangra, H.P.
33. Abhinav
Age about 26 years,
S/o P.C. Jangla,
R/o 100 United India apartment,
Mayur Viha, Phase-I Extesnion
New Delhi-110091
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56. Pawanjeet
Aged about 30 years,
S/o Lumbraj Singh Chauhan
R/o Ashapura Public School
Chandravardai Nagar
Ajmer, Rajasthan 305003
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80. Mamatha
Aged about 22 years,
D/o P.Eswara Reddy
r/o 20-238-1 B Yaleru, Brahmana
Anantapur, Andhra Pradesh 515002
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Uttarakhand-248159
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Odisha-752050
109. Renu KR
Aged about 26 years,
D/o Kesavan Potti.K
R/o Souparnikavellanand, Aruvikkara,
Thiruvanthapuram, Kerala-695543
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(All the applicants are aspirant for appointment to the post of Scientific
Assistant, Group ‗B‘ in Indian Meteorological Department)
Versus
1. Union of India,
Through its Secretary,
Ministry of Earth Sciences,
Prithvi Bhavan,
Opposite India Habitat Centre,
Lodhi Road, New Delhi-110003
3. The Chairman,
Staff Selection Commission
Block No. 12, CGO (Complex),
Lodhi Road, New Delhi. ..Respondents
Tribunals Act, 1985, was filed by the applicants on 9.4.2018 seeking the
following reliefs:
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counter reply. The applicants have also filed a rejoinder reply refuting the
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4. The brief facts of this case, which are relevant for the purpose
of deciding the controversy and are not disputed by either side, are as
follows:
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Department:
Diploma in the listed disciplines must be of three years duration after 10+2
Examination.
4.4 Except applicant nos.7 and 35, all other applicants possessed 4-
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applicants made representations and sent emails and legal notices requesting
required under the Recruitment Rules and the employment notice dated
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notice dated 18.7.2017 as well as in the notice dated 4.8.2017 issued by the
respondent-SSC that ―four year degree holders are not eligible for the post of
recruitment examination is over and Merit Lists are prepared and forwarded
Science (with Physics as one of the subject) after 10+2 has been prescribed
4.6 The respondents having failed to consider and take any decision
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―four year degree holders are not eligible for the post of Scientific
the competitive examination was over and the merit lists were prepared and
dated 4.8.2017 (ibid) stipulated that ―four year degree holders are not
eligible for the post of Scientific Assistant‖, and, therefore, the impugned
that 4-year degree holders are ineligible for selection and appointment to the
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SCC 153, where the post in question was of Unani Dispenser. The
Matric with Hindi and 10+2 with Science. The Hon‘ble Spreme Court
Medicines and Surgery for the post of Unani Dispenser, and that the
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they were not eligible for selection. In the writ petitions, the same
them as eligible candidates. It was also pointed out that ever since the
State and Subordinate Services Rules, 1956 and the Board having
not have excluded them in the present cases. The Hon‘ble High Court
dismissed the writ petitions. Allowing the Civil Appeals, the Hon‘ble
the position was not clear and the rules did not per se disqualify
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prescribed for the post of J&K Forest Service Range Officers Grade I
observed:
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and recruitment to the post of Scientific Assistant. It has also been contended
integrated training was imparted to those appointees. This training was given
Assistants having four year B.Tech degree have resigned from the
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matter, and in view of clear stipulation in the Recruitment Rules and in the
dated 28.3.2018 that ―four year degree holders are not eligible for the post of
2011 would not clothe the applicants with any right, much less an
enforceable right, to claim that they are eligible for selection and
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stipulated that the condition with regard to the 2nd Division was
Political Science with 3rd class with 41.1% aggregate marks and
latter being not the substitute for the former. What is further,
academic degree, viz., the Masters‘ degree, the rule insists upon
2nd Division for such degree. It does not insist upon a second
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the case, has held that a party cannot claim that since something
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Supreme Court has held that the authorities might have acted in
applicants.
should be in first class (60% marks) or 6.75 CGPA on a 10 point scale and
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must be of 3 (three) years duration after 10+2 examination, and that the
core subjects. Thus, the question that arises for our consideration is as to
K.K. and others vs. Kerala Public Service Commission (supra), wherein
Their Lordships have held that if a person has acquired higher qualification
the acquisition of the lower qualification prescribed for any post. Similar
view has also been taken by the Hon‘ble Supreme Court in State of
Haryana vs. Abdul Gaffar Khan (supra) and in Parvaiz Ahmad Parry vs.
State of Jammu & Kashmir & others (supra) and by a Full Bench of the
Hon‘ble High Court of Punjab & Haryana in Manjit Sigh vs. State of
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the applicants are eligible for selection and appointment to the post of
impugned clarification dated 28.3.2018 that ‗four year degree holders are not
eligible for the post of Scientific Assistant‘, more so when the respondent-
SSC had admittedly conducted the recruitment examination and declared the
result of thereof, and had submitted the Merit Lists to the respondent-
Department by 28.3.2018.
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other similarly placed candidates for selection and recruitment to the post of
Examination, 2017.
AN
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