Judgment · High Court · 2025

W.P. No.7915/2024:: 1 ::IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABADWRIT PETITION NO.7915 OF 2024Abhijeet s/o Dyaneshwar Kalgunde, Age 23 years, Occ. Private Service,R/o Kolgaon, Shrigonda, Tq. & Dist. Ahmednagar… PETITIONERVERSUS1)The State of Maharashtrathrough the Secretary, Rural Development Department, Mantralaya, Mumbai2)The Collector-cum-the Chairman ofDistrict Selection Committee, Ahmednagar – 414 0033)The Chief Executive Officer, Zilla Parishad, Ahmednagar, District Ahmednagar – 414 0014)The Deputy Executive Officer, Zilla Parishad, Ahmednagar, cum the Secretary, District Selection Committee, Grampanchayat Department, Ahmednagar – 414 0015)Tarachand Mukunda Chindhe, Age 41 years, Occ. Nil, At Post Galnimb, Tq. Shrirampur, Dist. Ahmednagar 413 710 … RESPONDENTS W.P. No.7915/2024:: 2 ::.......Mr. S.V. Natu, Advocate holding for Mr. H.S. Bali & Sonal S. Bali, Advocates for petitioner Mrs. P.J. Bharad, A.G.P. for R.No.1 & 2 Mr. A.D. Aghav, Advocate for R.No.3 & 4 Mr. A.N. Kakade, Advocate for R.No.5.....… CORAM : R.G. AVACHAT ANDNEERAJ P. DHOTE, JJ.Date of reserving judgment : 26th August, 2025Date of pronouncing judgment : 11th November, 2025JUDGMENT (PER : R.G. AVACHAT, J.) : Rule. Rule made returnable forthwith and heardfinally with the consent of the parties.2.The respondent No.3 issued an advertisement, No.1/2023 for recruitment to the various posts including thepost of Extension Officer (Statistical) on the establishment ofZilla Parishad, Ahmednagar. One of the posts of ExtensionOfficer was reserved for NT-C category. Both, the petitionerand the respondent No.5 belong to the said category. Both ofthem applied for the post. A written test was held on8/10/2023. A select list (provisional) was published. Thepetitioner was shown at Sr.No.3 therein. He secured 172 W.P. No.7915/2024:: 3 ::marks out of 200. The respondent No.5 secured 170 marks. All the provisionally selected candidates were called fordocuments verification. It appears that, the respondent No.5made a complaint contending that candidates not complyingwith the requisite educational qualification appeared fordocuments verification.3.The final select list was published on 24/7/2024,wherein respondent No.5 was shown to have been selected. The petitioner did Bachelor of Engineering (B.E.) (Mechanical).Mathematics/ Statistics was one of the subjects for B.E. Therespondent No.5 earned Bachelor’s degree in ComputerScience and postgraduation therein as well. The reason fornot selecting the petitioner to the post was that he did not haverequisite educational qualification.4.The learned counsel for the petitioner would submitthat, the (B.E.) (Mechanical) is an applied Science. It is noless a degree in Science itself. The counterpart of respondentNo.3 recruited the candidates holding similar educationalqualification for the said post in the district of Gondia. W.P. No.7915/2024:: 4 ::According to him, the recruiting authority i.e. respondent No.3ought not to have solicited guidance from the MPSC and/or theState of Maharashtra in General Administration Departmentwhen he himself was of the view that the petitioner is qualifiedfor the post. According to him, the petitioner was a meritoriouscandidate. The respondent No.5 ought not to have been givena march over the petitioner’s claim. He, therefore, urged forallowing the Writ Petition.5.The learned counsel for respondent No.5 would, onthe other hand, submit that, B.Sc. and M.Sc. (Computer) is astream in Science faculty. Name of the petitioner figured in theprovisional select list. It was published prior to the verificationof documents. According to him, not a single candidateexclusively holding a degree in Engineering had beenselected/ recruited for the post in State of Maharashtra. Thesame suggests that the State of Maharashtra and therecruiting authority as well do not recognize degree inEngineering to be a graduation in Science stream. Accordingto him, in the districts of Raigad, Satara and Yavatmal as well, candidates holding the (B.E.) (Mechanical) have not been W.P. No.7915/2024:: 5 ::selected for the post. A communication dated 30/4/2024,issued by the Deputy Secretary, Rural DevelopmentDepartment was also adverted to. According to the learned counsel, it is for therecruiting authority to decide or to be satisfied as to whetherthe claim of equivalence of qualification by a candidate issustainable or not. Judicial intervention in such matter is not tobe accepted. In support of his claim, he relied on thejudgments of the Apex Court in cases of (1) MaharashtraPublic Service Commission Vs. Sandeep Shriram Waradeetc. etc. (2019) 6 SCC 362, (2) Mukul Kumar Tyagi Vs. Stateof Uttar Pradesh & ors. Etc.etc. (2020) 4 SCC 86 and (3)Union of India Vs. Uzair Imran & ors. (2023) SCC OnLineSC 1308 to ultimately urge for dismissal of the petition.6.We have considered the submissions advanced. Perused the documents on record and the authorities cited. The respondent No.3 issued the advertisement forfilling up various posts including the post of Extension Officer W.P. No.7915/2024:: 6 ::(Statistical) on the establishment of Zilla Parishad, Ahmednagar. The educational qualification for the said postwas as below :अ.क्र. पदाचेनाव शैक्षणि(cid:14)कअर्ह(cid:17)तावअनुभव18 विवस्तारअधि(cid:25)कारी(सांख्यि(cid:30)(cid:31)की) संविवधि(cid:25)मान्(cid:31)विवद्यापीठाचीविवज्ञान, कृषी, वाणि(cid:14)ज्(cid:31) किंकवावाङ्म(cid:31)शाखेचीअर्थ(cid:17)शास्त्रकिंकवागणि(cid:14)त अर्थवासांख्यि(cid:30)(cid:31)कीविवष(cid:31)ासर्हप्रर्थमअगरवि0ती(cid:31) वगा(cid:17)तीलपदवी(cid:25)ार(cid:14)करीतअसतीलकिंकवा ज्(cid:31)ांनानमुनासव2क्ष(cid:14)करण्(cid:31)ाचाअनुभवअसेल, किंकवापदवीवअनुभवदोन्र्हीअसतीलअसे उमेदवारपरंतु, अशाविवष(cid:31)ांपैकीएकाविवष(cid:31)ाचीस्नातकोत्तर पदवी(cid:25)ार(cid:14)कर(cid:14)ाऱ्(cid:31)ाउमेदवारांनाअधि(cid:25)कपसंती देण्(cid:31)ात(cid:31)ेईल7.Four posts of Extension Officer (Statistical) were tobe filled up. One of the four posts was reserved for NT-Ccategory. Both, the petitioner and respondent No.5 belong tosaid category. Both of them along with others applied for thesaid post. A written test was held. Petitioner secured 172 outof 200 marks. Respondent No.5 secured 170 marks. Provisionally selected candidates were called for documentsverification. In the provisional select list, the petitioner wasshown at Sr.No.3. After the verification of the documents was W.P. No.7915/2024:: 7 ::done, the respondent No.5 was selected for the post. Itappears that, the said respondent had given a writtencomplaint, alleging the candidates not satisfying with therequisite qualification as given in the advertisement, werecalled for documents verification. 8.The mark sheets placed on record by the petitionerindicate that Engineering Mathematics were one of thesubjects of the Engineering (B.E.) Course cleared by thepetitioner. Admittedly, the petitioner did graduation inMechanical Engineering. (B.E. (Mechanical) ). Whereas therespondent No.5 has cleared B.Sc. (Computer Science) andpostgraduation therein as well. The respondent No.3 solicitedguidance from the MPSC and even the State of Maharashtra inGeneral Administration Department. Both the authoritiescommunicated him the degree in Engineering is quite differentthan degree in Science. The respondent No.3, therefore, heldthe petitioner to have not possessed the requisite qualificationto hold the post. The Selection Committee comprising of theCollector, Chief Executive Officer, Zilla Parishad, Ahmednagarand Deputy Chief Executive Officer (respondent No.3) W.P. No.7915/2024:: 8 ::respectively declared the petitioner to be not eligible for thesaid post. For better appreciation, the reason given by theSelection Committee is reproduced in verbatim.अ.क्र. उमेदवाराचेनाव बैठकक्रमांक अपात्रअसण्(cid:31)ाचेकार(cid:14) शेरा १अणिभजीत ज्ञानेश्वरकालगुंडे३५२०००२३५७मा. उपसधिचव, ग्रामविवकासव पंचा(cid:31)तराजविवभाग, मर्हाराष्ट्रशासन पात्रक्र. संकी(cid:14)(cid:17)-३१२४/प्र.क्र. ५०/ आस्र्था८विद. ३०/०४/ २०२४नुसारबी. ई. (मेकॅविनकल्स) र्हाशैक्षणि(cid:14)क अभ्(cid:31)ासक्रमआणि(cid:14)विवज्ञानशाखेची पदवीर्हेदोनअभ्(cid:31)ासक्रमपू(cid:14)(cid:17)तः वेगवेगळेआर्हेत. बी. ई. (मेकॅविनकल्स) (cid:31)ापदवीत उप(cid:31)ोजिजतशास्त्र( अप्लाईडसा(cid:31)न्स) आणि(cid:14)विवज्ञानशाखेमध्(cid:31)े मूळशास्त्र( बेजिसकसा(cid:31)न्स) असते. त्(cid:31)ामुळेर्हेदोन्र्हीअभ्(cid:31)ासक्रम वेगवेगळेआर्हेतवतेसमकक्षनार्हीत त्(cid:31)ामुळेअपात्र. 9.The respondent No.3, in his communication madeto the State of Maharashtra in General AdministrationDepartment, had expressed his view that the petitioner hasrequisite educational qualification for appointment to the saidpost. We are conscious of the observations made by the ApexCourt in the aforesaid three decisions relied on by therespondent No.5. A gist of the observations of the Apex Courtis that :- W.P. No.7915/2024:: 9 ::The equivalence of qualification as claimed bya candidate is a matter of scrutiny by therecruiting agency/ employer. It is therecruiting agency which has to be satisfied asto whether the claim of equivalence ofqualification by a candidate is sustainable ornot. The purpose and object of qualification isfixed by employer to suit or fulfil the objectiveof recruiting the best candidates for the job. Itis the recruiting agency who is underobligation to scrutinise the qualifications of acandidate as to whether a candidate iseligible and entitled to participate in theselection. More so when the advertisementclearly contemplates that certificateconcerning the qualification shall bescrutinised, it was the duty and obligation ofthe recruiting agency to scrutinise thequalification to find out the eligibility of thecandidates. The essential qualifications for appointment toa post are for the employer to decide. Theemployer may prescribe additional ordesirable qualifications, including any grant ofpreference. It is the employer who is bestsuited to decide the requirements a candidatemust possess according to the needs of theemployer and the nature of work. The Courtcannot lay down the conditions of eligibility, much less can it delve into the issue withregard to desirable qualifications being on apar with the essential eligibility by aninterpretive re-writing of the advertisement. Questions of equivalence will also fall outsidethe domain of judicial review. 10.It is reiterated that, educational qualification for the W.P. No.7915/2024:: 10 ::post of Extension Officer (Statistical) was – degree in Scienceor Agriculture or Commerce or Arts stream with subjects –Economics or Mathematics or Statistical. Preference to apostgraduate in any of those streams was to be given. A shortquestion, therefore, falls for consideration in this Writ Petition isas to whether the petitioner’s degree in Engineering is adegree in Science stream. Admittedly, the petitioner hadEngineering Mathematics as one of the subjects for hisEngineering academics. It needs no mention that, post passingof S.S.C. examination, candidates prefer either Science, Commerce or Arts stream. One of those three streams ispreferred, then on passing of H.S.C. examination, a candidatefrom Science stream may go for either Medical or EngineeringScience. No candidate who did H.S.C. either from Commerceor Arts stream is permitted to switch over to Science stream. Itis, however, permissible for a candidate clearing H.S.C. fromScience stream to switch over either to Commerce or Artsstream for further studies of First Year B.Com. and onwards orB.A. After passing of H.S.C. examination in Science stream, who were better placed in securing marks prefer to go foreither M.B.B.S. or Engineering. Needless to mention, W.P. No.7915/2024:: 11 ::Bachelor of Engineering is an applied Science. A Bachelor ofEngineering (B.E.) is considered a Science related degreebecause, it applies Scientific Mathematical principles to solvepractical problems, making it a type of applied science. Whilea pure science degree (like a Bachelor of Science or B.Sc.)focuses more on the theoretical and fundamental; principles ofscience, an engineering degree emphasizes hands onapplication and technology. Both are foundational in their ownway, but engineering is about using science for practicalpurpose. As per the advertisement, even a degree in Artsstream i.e. B.A. with Mathematics or Statistics is a requisitequalification, we fail to understand why not a degree inEngineering (B.E. Mechanical) with Mathematics or Statisticsis one of the subjects. In our view, B.E. is necessarily agraduation in Science stream. The petitioner’s educationalqualification gets covered by the clause as to requisitequalification in the advertisement.11.Respondent No.5 also did not earn degree inScience stream so to say because, his specialization is inComputer Science. We are not much concerned therewith W.P. No.7915/2024:: 12 ::since we have to find whether the petitioner holds the requisiteeducational qualification. The clause in the advertisementregarding educational qualification is as plain as it is. In ourview, degree in Engineering (B.E.) is a degree in EngineeringScience and when the advertisement does not spell out aboutthe subjects wherein a candidate should have earned a degreeof Science stream is concerned, we found the petitioner tohave requisite qualification (as has been required in terms ofthe advertisement). If we rely on the submissions made by thelearned counsel for the respondent No.5 on the strength of theauthorities relied on by him, judicial review would outrightly beclosed in a case like present one. If the recruiting authority/employer concerned goes wrong, judicial review has to beresorted to, to set the wrong right. 12.For all the aforesaid reasons, the Petition deservesto be allowed. The petition is, therefore, allowed in terms ofprayer clauses (B), (C) and (D), which read thus :(B)By issuing writ of certiorari or in the like nature, quash and set aside the impugned Final SelectionList published on 24/07/2024 (Exhibit “H”). W.P. No.7915/2024:: 13 ::(C) This Hon’ble Court be pleased to declare thequalification of the petitioner be eligible for the postof Extension Officer (Statistical) as per theadvertisement 01/2023.(D)This Hon’ble Court be pleased to issue writ ofmandamus thereby directing the respondents toconsider the candidature of the petitioner for thepost of Extension Officer (Statistical). Rule made absolute accordingly. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) FMPathan/-