The Times of India 18 March2008 P. 13 Delhi
It may be universal knowledge that a ‘degree’ is a higher educational qualification than a ‘diploma’, but it required the Supreme Court to clarify this distinction to the Maharashtra government and the Bombay high court.
This ruling will also help those passport seekers whose travel documents have been stamped with ECR (emigration clearance required) by authorities for submitting post-graduation degree copies instead of the specified graduation certificate. The Maharashtra government rejected the candidature of a few applicants, who possessed degrees in agriculture, on the ground that they did not have the basic qualification — a diploma in agriculture — stipulated in the advertisement for the posts of ‘gram sevak’. The rejected candidates, who were registered in employment exchanges as being either graduates or post-graduates in agriculture, moved the Nagpur bench of Bombay high court challenging a decision of the Gondia zilla paris-had executive officer not to issue them letters for interview in 2001.
The petitioners argued that as they possessed qualifications higher than what was required, they should have been called for interview. Countering this, the state government’s stand was that they did not have the basic qualification, that was a diploma certificate. It said the candidates would have been considered for interview had they possessed a diploma in addition to the bachelor’s or postgraduation degree in agriculture. The HC upheld the contention of the state. They appealed in the SC against the HC decision.
Setting aside the HC order, an apex court bench comprising Justices A K Mathur and Lokeshwar Singh Panta said: ‘‘In our view, the interpretation given by the HC is wrong and there are no two opinions in the matter that a diploma is a lower qualification than a degree. Once a candidate possesses a degree, then he has to be given preference as against a candidate who possesses a diploma,’’ the bench said and directed the state government to make the appointments in accordance with law.
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
It may be universal knowledge that a ‘degree’ is a higher educational qualification than a ‘diploma’, but it required the Supreme Court to clarify this distinction to the Maharashtra government and the Bombay high court.
This ruling will also help those passport seekers whose travel documents have been stamped with ECR (emigration clearance required) by authorities for submitting post-graduation degree copies instead of the specified graduation certificate. The Maharashtra government rejected the candidature of a few applicants, who possessed degrees in agriculture, on the ground that they did not have the basic qualification — a diploma in agriculture — stipulated in the advertisement for the posts of ‘gram sevak’. The rejected candidates, who were registered in employment exchanges as being either graduates or post-graduates in agriculture, moved the Nagpur bench of Bombay high court challenging a decision of the Gondia zilla paris-had executive officer not to issue them letters for interview in 2001.
The petitioners argued that as they possessed qualifications higher than what was required, they should have been called for interview. Countering this, the state government’s stand was that they did not have the basic qualification, that was a diploma certificate. It said the candidates would have been considered for interview had they possessed a diploma in addition to the bachelor’s or postgraduation degree in agriculture. The HC upheld the contention of the state. They appealed in the SC against the HC decision.
Setting aside the HC order, an apex court bench comprising Justices A K Mathur and Lokeshwar Singh Panta said: ‘‘In our view, the interpretation given by the HC is wrong and there are no two opinions in the matter that a diploma is a lower qualification than a degree. Once a candidate possesses a degree, then he has to be given preference as against a candidate who possesses a diploma,’’ the bench said and directed the state government to make the appointments in accordance with law.
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
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