The word 'Degree' can mean means 'Bachelor's Degree', 'Master's Degree' or 'Doctorate Degree',
The Supreme Court observed that a candidate possessing a higher degree of qualification cannot be rejected solely because a lower degree of qualification is required for a particular post.
The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where the Appellants, who are post-graduates in Microbiology, Food Science, and Technology, and applied for the post of Food Safety Officer (“FSO”) were disqualified during the recruitment process on the grounds that their qualifications did not meet the criteria specified in the advertisement.
The appellants challenged their disqualification before the Jharkhand High Court. Both the Single Judge and the Division Bench of the High Court ruled against the appellants, holding that the advertisement required a Bachelor's degree in the specified subjects and that a Master's degree in Microbiology or Food Science did not qualify. The recruitment advertisement mentioned that the candidate having a master's degree in relevant subjects (other than Chemistry) would be excluded from the selection process.
“The term 'degree' is defined under Section 22(3) the UGC Act, which states that the 'degree' means the 'Bachelor's Degree', 'Master's Degree' and the 'Doctorate Degree'. Thus, wherever the word 'degree' is used, unless a specific exclusion is provided, the same would include within its scope and ambit all three, 'Bachelor's Degree', 'Master's Degree' and a 'Doctorate Degree'.”,
“we have no hesitation in concluding that if a candidate, having undertaken a degree course in “Chemistry” subject, desires to apply for the post of FSO, he must possess a master's degree in that subject. However, if a candidate has taken college education in the subjects of food technology; dairy technology; biotechnology; oil technology; agricultural science; veterinary science; biochemistry or microbiology, then such a candidate would be qualified for the FSO post, if he holds any one of the degrees, i.e., either graduation, post-graduation or doctorate degree in any of these subjects. There is no logic or rationale behind excluding the candidates having master's or a doctorate degree in these subjects from staking a claim to the post of FSO because such an interpretation would be totally unjust, arbitrary and unconstitutional.”,
CHANDRA SHEKHAR SINGH AND OTHERS VERSUS THE STATE OF JHARKHAND AND OTHERS
