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The Division Bench comprising Justice UU Lalit & Justice Ravindra Bhatt while deciding a batch of appeals has recently observed that a degree in Electrical Engineering/ Electrical & Electronics Engineering is a higher qualification than Diploma in that discipline. 

In the present matter, Himachal Pradesh Staff Selection commission (“HPSSC”) on 27.06.2018 after acting on the requisition sent by the Himachal Pradesh State Electricity Board Ltd., (“HPSEB”) advertised 222 posts of Junior Engineer (Electrical) (“JE”). Degree-holders in the concerned discipline applied for the post; after qualifying the written examination, they were called for verification of documents but did not declare the final result. 

Thereafter, degree holders approached the High Court in writ proceedings, claiming that they could not be denied consideration since they possessed educational qualifications that were higher than the prescribed minimum (and advertised) qualifications. This claim was opposed by the diploma holders who argued that the qualifications possessed by degree holders was neither higher nor could be considered in teeth of the recruitment rules & also on the basis of the advertisement issued by the Himachal Pradesh Staff Selection Commission. HPSSC which issued advertisements & conducted the selection also opposed the petitions & asserted that degree holders could not be considered for recruitment. 

The High Court after considering the submissions of the parties, the position in the recruitment rules & besides its own decisions various decisions of the Court opined that the degree holder petitioners could not be permitted to urge that they possess higher qualification which would meet the requirement of specific qualifications specified in the rules or advertisement. The Court was also of the view that only those with matriculation and holding diploma in the relevant subject were considered eligible for the post of Junior Engineer.

The petitioners thereafter approached this Court & the issue that arose for consideration was whether a degree in Electrical Engineering/Electrical and Electronics Engineering was technically a higher qualification than a diploma in that discipline and, whether degree holders were eligible for appointment to the post of Junior Engineer (Electrical).  

Reliance was placed by the Bench on in PM Latha & Another v. State of Kerala & Ors ​​​​(2003) 3 SCC 541 in which the issue which arose for consideration was whether, for primary class teachers, the prescribed (and advertised) qualification Trained Teacher Certificates (TTC), included those who held B.Ed. degrees. In this case it was observed that B.Ed. qualification could not be considered as a higher qualification than the TTC and that the TTC qualification was “given to teachers especially trained to teach small children “primary classes”, whereas those with B.Ed. were trained to impart education to students of “higher classes”. 

Reference was also made to Yogesh Kumar & Ors v. Government of NCT Delhi & Ors (2003) 3 SCC 548 in which the Court held that “a specialized training given to teachers for teaching small children at primary level cannot be compared with training given for awarding B.Ed. degree.” & also to Jyoti K.K. & Ors. v. Kerala Public Service Commission & Ors. (2010) 15 SCC 596 where the issue was whether degree holders could be considered for the post of Sub-Engineer (Electrical) in the Kerala State Electricity Board, which had prescribed diploma in Electrical Engineering or SSLC or its equivalent as the eligibility criteria. In this, the Court held that for the post of Sub-Engineer (which can be termed as comparable to the post of Junior Engineer in the present case), the Kerala State Electricity Board felt that those possessing a degree as well could be considered. 

The Court thus allowed the degree holder’s appeal & directed  HPSEB to process the candidature of all applicants, including the degree holders who participated, and depending on the relative merits, proceed to issue the final selection list of all successful candidates, after holding interviews, etc.

Case Title: Puneet Sharma & Ors. Etc V. Himachal Pradesh State Electricity Board Ltd. & Anr. Etc. | Civil Appeal No (S). 1318-1322 Of 2021