Job Rules vs. Reality: The Case of the Mismatched Degree

This case, heard in the High Court of Judicature at Patna, involves a petitioner, Mini Agarwal, who applied for a position as Assistant Professor in a government engineering college in Bihar, India. The dispute centered on whether her academic qualification, a B.Sc. degree, should be considered equivalent to a B.Sc. (Hons.) degree for the purpose of calculating her marks in the selection process. The court's decision clarified the interpretation of qualification requirements in the context of the recruitment rules.

Background of the Case

Mini Agarwal applied for the post of Assistant Professor in a government engineering college, responding to an advertisement by the Bihar Public Service Commission (BPSC). After scrutiny, she was allowed to appear for the written examination and was later declared successful for the interview.

However, after the interview, the BPSC uploaded provisional marks on their website, and Agarwal received "0" marks for her graduation percentage. The reason given was "No B.Sc. Physics (Hons.)". Agarwal argued that she should have been awarded marks for her B.Sc. degree.

Arguments by the Petitioner

Agarwal contended that her B.Sc. degree should be considered equivalent to a B.Sc. (Hons.) degree, citing a notification by the University Grant Commission (UGC). She argued that the authorities should award her the 5% marks for her graduation percentage, as per the rules.

She further submitted that the Bihar Engineering Education Service Rules, 2020, and UGC notifications do not explicitly exclude a B.Sc. degree from being considered for awarding marks. She also pointed out that for a similar recruitment of lecturers in government polytechnic colleges, the BPSC had provided for awarding 5% marks for graduation percentage, irrespective of whether it was a B.Sc. (Hons.) or B.Sc. degree.

Arguments by the Respondents

The Bihar Public Service Commission (BPSC) argued that the recruitment was conducted according to the Bihar Engineering Education Service Rules, 2020. These rules specifically mention that weightage is given to candidates with a B.Sc. (Hons.) degree, and not a regular B.Sc. degree. They asserted that the advertisement was published as per the requisition sent by the Department, and the educational qualification required was B.Sc. (Hons.).

Court’s Decision

The High Court held that the writ application deserved to be dismissed. The court noted that the weightage scheme in the rules clearly specified that the 5% weightage was for candidates with B.Sc. (Hons.) or B.A. (Hons.) degrees. Since Agarwal possessed a B.Sc. (Physics) degree, she was not eligible for the 5% weightage at the graduation level. The court concluded that treating Agarwal's B.Sc. degree as equivalent to a B.Sc. (Hons.) degree was not justifiable in this context.

Significance of the Judgment

This case highlights the importance of adhering to the specific qualification criteria outlined in recruitment rules and advertisements. It clarifies that distinctions between degrees such as B.Sc. and B.Sc. (Hons.) can be legally valid for determining eligibility and awarding marks in competitive selection processes. The decision emphasizes that courts will uphold the rules established by recruiting bodies unless they are found to be contrary to law or arbitrary.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MTUjMTU5MzMjMjAyMyMxI04=-gS01tTWslgY=