GUJRAT: The Gujrat High Court has held that B.Ed. Degree, i.e., Bachelor of Education, is not a Bachelor’s Degree of graduation course. The Court makes it clear that since the said course, like 3-yrs-LLB course, can be perused only after one has graduated in any of the branches of arts or science. (BRIJESHKUMAR DASHARATHLAL PATEL v/s CHAIRMAN & 31 others)
The Court said that,
“Petitioners are having higher-qualification than the minimum prescribed qualification as per the advertisement and there is no provision or rule which prescribes that the higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post.“
In the said matter, two petitioners have filed a PIL seeking to get a job and they were holding a B.Ed. degree but Bachelor’s degree was required for the posts. Another Petitioner’s candidature has rejected the basis of the wrong calculation of CGPA. Finally, one of the Petitioners was rejected on the ground that he was having higher qualifications than the minimum qualification.
The Petitioners said that the degree of B.Ed. was equivalent to a Graduate degree and it could not be termed a Post Graduate Degree. They also submitted that the words ‘Graduate’ and ‘Bachelor’ were synonymous as per dictionaries which implied a person with a first University degree. Therefore, they were eligible candidates for the post.
However, the second party opposed the Respondent Corporation by stating that B.Ed. is not a Graduation course and it is offered for those interested in teaching only after achieving a BA or BSc.
The Respondent also said that it is for the employer to determine the relevancy and suitability of the qualifications of the post, keeping in view the institution and its requirements.
Affirming that for B.Ed. one has to possess a Bachelor in Arts or Science, the High Court explained that it cannot be considered a Bachelor Degree of Graduation as such. It also noted that in Anit Kumar Das, the Apex Court had not considered a person possessing higher qualifications as eligible for the post of peon. In this light, Justice Karia reiterated:
“Exigencies of administration, it is trite law, fall within the domain of administrative decision making. The State as a public employer may well take into account social perspectives that require the creation of job opportunities across the societal structure. All these are essentially matters of policy. Judicial review must tread warily.“