NAGALAND PUBLIC SERVICE COMMISSION Vs. STATE OF NAGALAND & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 3862 of 2017, Judgment Date: Mar 09, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 3862 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 3289 OF 2014 ]


NAGALAND PUBLIC SERVICE COMMISSION                             Appellant(s)

                                     VERSUS

STATE OF NAGALAND & ORS.                                      Respondent(s)

                                       WITH

                        CIVIL APPEAL NO. 3864 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 3290 OF 2014 ]

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    The short dispute that arises for consideration in these  two  appeals
is on the essential qualification for the post  of  Lecturer,  Chemistry  in
the Higher Education Department in the State of Nagaland.

3.    The prescribed qualification is M.Sc. in the subject  concerned.   The
appellant, in the connected matter, is only M.Sc. in  Biochemistry.   It  is
the contention of the appellants that  Biochemistry  is  Chemistry  for  all
purposes.


4.    We find it difficult to accept the submission.  It may  be  seen  from
the advertisement itself for Item No. 10, that for the post of  Lecturer  in
Chemistry,  what  is  prescribed  is  only   M.Sc.   without   any   further
description.  It is a post in the Department of Information  Technology  and
Technical Education.  But for the post of Lecturer in  Chemistry  in  Higher
Education,  the  prescribed  qualification,  being  M.Sc.  in  the   subject
concerned,  namely,  Chemistry  itself,  the  appellant  –  Nagaland  Public
Service Commission is  not  right  in  completing  selection  based  on  the
opinion sought from the  expert  that  Biochemistry  is  Chemistry  for  all
purposes.

5.    Qualification is something to be prescribed by the  State  Government,
the  appointing  authority.   The  Commission  is  only   to   go   by   the
qualification and it cannot improve upon that.  Since  the  State  does  not
have a case that the appellant  possesses  the  required  qualification  and
rightly so, we find  no  merit  in  the  appeals,  which  are,  accordingly,
dismissed.

6.    However, dismissal of the appeals shall not stand in the  way  of  the
State Government amending the qualification in case of  non-availability  of
the  candidates  from  the  same  tribe,  and  making  fresh  selection   in
accordance with the new instructions which are said to have been  issued  by
the State Government.

7.    In case the appellant is otherwise eligible  in  terms  of  the  fresh
instructions issued by the State Government and in  view  of  the  mandatory
reservation, we make it clear that it will be open to the  State  Government
to relax the age of the appellant for the purpose of application.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 09, 2017.