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TMI Blog2019 (8) TMI 1916X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued to the private Respondents in the two appeals, on 17.09.2015 and 29.05.2015 respectively. In the letter of appointment, it was specifically mentioned that the appointment is subject to producing the original documents which included the proof regarding qualification. It is no doubt true that on 18.11.2015 an Office Memorandum was issued by the Ministry of Agriculture and Farmers Welfare, Department of Agriculture, Co-operation and Farmers Welfare (Policy Division), whereby on taking note that no 4-year Bachelor Program in Agro-Forestry is available in the country and since Agro-Forestry is covered comprehensively as a subject in the ICAR approved syllabus for B.Sc. (Forestry), it was suggested that it will be appropriate that B.Sc. (Forestry) graduation be considered for the position of Agricultural Field Officer in Banks. Accordingly, a corrigendum dated 16.01.2016 was issued by IBPS. It is not in dispute that based on such decision taken, for the recruitment made subsequently, B.Sc. (Forestry) was included as the qualification for recruitment of Agricultural Field Officer (Scale-I). The Notification depicting the qualification required as Degree in B.Sc. (Agro-Forestr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition by an order dated 20.01.2016. In the appeal arising out of SLP(C) No. 24764/2016 the Appellant-Syndicate Bank Ltd. is assailing the order dated 24.05.2016 passed in Writ Appeal No. 404/2016, whereby the Division Bench of the High Court of Kerala had upheld the order passed by the learned Single Judge in WP(C) No. 17403/2015 dated 20.12.2016. 3. Though in these two appeals the parties are different, keeping in view the question arising for consideration is the same in both these appeals and since the High Court has disposed of the appeals through the common order, these two appeals are taken up, heard together and disposed of by this common order. 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. 4. 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were directed to take back the private Respondents into service. 6. 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 v. The Institute of Banking Personnel Selection and ORs. 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0. The private Respondents herein had applied in response to the said notification, on 24.11.2014 and despite the private Respondent in the appeal arising out of SLP(C) No. 16567/2016 had admittedly possessed the qualification of B.Sc. (Forestry) had indicated the qualification as Agro-Forestry in the application. Be that as it may, the process of selection was undertaken and appointment letter was issued to the private Respondents in the two appeals, on 17.09.2015 and 29.05.2015 respectively. In the letter of appointment, it was specifically mentioned that the appointment is subject to producing the original documents which included the proof regarding qualification. Needless to mention that the proof regarding qualification refers to the qualification as depicted in the notification dated 17.11.2014. However, since it was subsequently noticed that she did not possess the degree in B.Sc. (Agro-Forestry), she was issued a show cause notice dated 03.11.2015 and she was terminated through the order dated 10.12.2015. A similar course was adopted in so far as the other private Respondent as well. It is no doubt true that on 18.11.2015 an Office Memorandum was issued by the Ministry of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is indicated that one of the category therein being Agriculture Officers , the qualification thereunder indicated is Degree in Agriculture and/or allied subjects and recruited/promoted/converted as such. In that view the learned Counsel contends that as per the information furnished by ICAR dated 01.04.2015 the definition of Agriculture would include Forestry and in such event it will have to be construed that even though the Notification seeks for candidates possessing Degree in B.Sc. (Agro-Forestry) it would include B.Sc. (Forestry) which is an allied subject of Agriculture. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or being considered. There could have been intending candidates who would have applied for becoming candidate as against the said advertised post, had they known and were informed through advertisement that Industrial Chemistry is also one of the qualifications for filling up the said post. 27. The Selection Committee during the stage of selection, which is midway could not have changed the essential qualification laid down in the advertisement and at that stage held that a Master's degree-holder in Industrial Chemistry would be better suited for manning the said post without there being any specific advertisement in that regard. The very fact that the University is now manning the said post by having a person from the discipline of Pure Chemistry also leads to the conclusion that the said post at that stage when it was advertised was meant to be filled up by a person belonging to Pure Chemistry stream. If the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 17. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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