SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has dismissed a review petition seeking reconsideration of its earlier judgment that had denied a claimant eligibility for appointment as Principal in a Government Polytechnic, holding that degrees in Home Science cannot be treated as equivalent to an Engineering degree.
A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Rajesh Sekhri passed the order on August 27 while hearing Review Petition No. 93/2024 filed by Shafaquat Ara.
The petitioner had sought review of the court’s November 25, 2024 judgment, through which it had allowed a writ petition filed by the Union Territory of Jammu and Kashmir and set aside a Central Administrative Tribunal, Srinagar, judgment that had held her entitled to be considered for appointment as Principal, Government Polytechnic.
The review plea was primarily based on documents obtained under the Right to Information Act, which, according to the petitioner, showed that qualifications including B.Sc/M.Sc Home Science were considered equivalent to a Bachelor’s degree in Engineering.
The petitioner’s counsel, Senior Advocate Altaf Haqani, referred to several communications exchanged between the Jammu and Kashmir Public Service Commission and the Higher and Technical Education Department in 2004.
The court was also shown a January 18, 2004 communication from the Principal, Government Polytechnic for Women, Srinagar, to a professor and head of the Department of Food Technology in Sangrur, Punjab. The response stated that the minimum qualification for candidates should be M.Sc in Food Science and Technology/Food and Nutrition or B.Tech in Food Technology.
The petitioner argued that these communications, which were obtained after disposal of the original writ petition, demonstrated that Home Science qualifications were equivalent to an Engineering degree and that the material could not be produced earlier despite due diligence.
However, the High Court rejected the contention, holding that its earlier judgment had turned on the interpretation of the Jammu & Kashmir Technical Education (Gazetted) Service Recruitment Rules, 2002.
Under the rules, the post of Principal in Polytechnics is to be filled through selection from Class-III Category A and B candidates possessing a minimum qualification of a degree in Engineering or equivalent, along with five years’ experience. A Master’s degree in Engineering/Technical Education or equivalent is given preference.
The Bench observed that “B.Sc. Home Science or M.Sc. Home Science cannot, by any stretch of reasoning, be treated as a Degree equivalent to a Degree in Engineering.”
The court further said there was no specific or categorical declaration by the J&K Government’s Higher and Technical Education Department declaring B.Sc or M.Sc Home Science as equivalent to an Engineering degree.
Examining the documents produced with the review petition, the Bench said none of the communications “unequivocally declares” B.Sc Home Science or M.Sc Home Science as qualifications equivalent to an Engineering degree.
The court also held that the expression “equivalent” qualification in the recruitment rules has to be interpreted ejusdem generis—meaning that the alternative qualification must belong to the same general category or discipline.
“Qualifications such as B.A. Urdu, B.A. Hindi, B.A. English or B.Sc Home Science etc. have no nexus with the discipline of engineering or technology,” the court observed.
Finding no error apparent on the face of the record and no new material warranting a change in its earlier decision, the Bench dismissed the review petition.
The November 2024 judgment, therefore, continues to stand, with the court maintaining that a Home Science degree cannot be treated as an Engineering-equivalent qualification for appointment as Principal in a Government Polytechnic in the absence of a specific declaration by the competent authority.
