IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2017/21ST POUSHA, 19382017
WA.No. 46 of 2017 () IN WP(C).28538/2016
------------------------------------------
AGAINST THE JUDGMENT IN WP(C) 28538/2016 DATED 24-11-2016
----------
APPELLANT(S)/1ST RESPONDENT IN THE WPC :-
--------------------------------------
THE ASSISTANT GENERAL MANAGER, CANARA BANK,
RECRUITMENT CELL, HUMAN RESOURCE WING,
HEAD OFFICE, JEEWAN PRAKASH BUILDING,
113/1 JC ROAD, BANGALORE - 560 002.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH MENON
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
RESPONDENT(S)/PETITIONER, 2ND AND 3RD RESPONDETNS, ADDL.4TH
RESPONDENTS IN THE WPC :-
------------------------------------------------------------
1. HARIDEV.S, S/O.SAHADEVAN, VALIYAKULANGARA,
CMC - 20, CHERTHALA, POST CHERTHALA,
PIN : 688 524, ALAPPUZHA DISTRICT.
2. CHAIRMAN,
INSTITUTE OF BANKING PERSONNEL SELECTION,
IBPS HOUSE, NEAR THAKUR POLYTECHNIC, 90 FEET,
DP ROAD, OFF. WESTERN EXPRESS HIGHWAY, P.B.NO.8587,
KANDIVALI (E), MUMBAI - 400 101, INDIA.
3. UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE, NORTH BLOCK,
CENTRAL SECRETARIAT, NEW DELHI - 110 011.
4. RAJAGIRI BUSINESS SCHOOL
RAJAGIRIVALLEY P.O., KAKKANAD, KOCHI.
BY SRI.T.ASAFALI
BY SRI.K.R.RAJKUMAR, ADDL.CGSC
BY SRI.TONY GEORGE KANNANTHANAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAN M. SHANTANAGOUDAR, CJ
&
ANIL K. NARENDRAN, J.
---------------------------------------------------
W.A. No.46 of 2017
----------------------------------
Dated this the 11th day of January 2017
J U D G M E N T
Mohan M. Shantanagoudar, CJ
The judgment dated 24.11.2016 passed in W.P.(C) No.28538
of 2016 is the subject matter of this appeal.
The only question to be decided in this appeal is as to
whether the Post Graduate Diploma in Business Management
(PGDBM) is equivalent to Post Graduate Diploma in Management
(PGDM).
2. The 2nd respondent published Ext.P6 notification for the
online examination for the Common Recruitment Process for
Recruitment of Specialist Officers in Participating Organisations
for various posts including I.T.Officer, Agricultural Field Officer,
Rajbhasha Adhikari, Law Officer, Marketing Officer etc. The
Participating Organisations are nationalised Banks, including
Canara Bank, Syndicate Bank, Bank of Baroda, Bank of India,
Andhra Bank etc. The qualifications prescribed for the post of
Marketing Officer (Scale-I) is Graduation plus Full Time 2 years
PGDBA/PGDBM with specialisation in Marketing, etc.
W.A. No.46 of 2017
-: 2 :-
The 1st respondent has obtained PGDM from the 4th
respondent, Rajagiri Business School and the same is approved by
the All India Council for Technical Education (AICTE), Government
of India, as is clear from Ext.P2 certificate produced in the writ
petition. Armed with the said certificate, he has applied for the
post of Marketing Officer in Canara Bank. Though his candidature
was provisionally allowed for the post of Marketing Officer (Scale-
I) in Canara Bank, the same came to be cancelled subsequently as
per Ext.P10 dated 29.6.2016. The said order was questioned by
the 1st respondent before this Court in the aforesaid writ petition,
which was allowed by the impugned judgment.
3. Learned counsel appearing for the appellant Bank
submits that 'PGDBM' is different from 'PGDM' obtained by the 1st
respondent and therefore, since there is no declaration of
equivalence between the two Post Graduate Degrees, it is not open
for the 1st respondent to apply for the said post. Hence, the
Canara Bank is justified in passing Ext.P10 order cancelling the
provisional allotment.
4. The said submission is opposed by the learned counsel
for the 1st respondent, who draws attention of this Court to
Ext.P16 issued by the AICTE. He argued in support of the
W.A. No.46 of 2017
-: 3 :-
judgment of the learned Single Judge. It is also submitted that
since the other Banks, which are also parties to the common
recruitment process, including Syndicate Bank, Bank of Baroda,
etc. have accepted 'PGDM' degree for the concerned post, there is
no reason as to why the Canara Bank made excuses in not
accepting the candidates having 'PGDM' qualification.
Ext.P16 resolves the dispute fully. Ext.P16 dated
10.8.2016 is a certificate issued by the AICTE, which clarifies that
the 'PGDBM' approved by the AICTE till 2006-'07 was renamed as
'PGDM' in 2007-'08, on the basis of recommendations of All India
Board of Management Studies. Thus, it is clear that the very
course, 'PGDBM' is renamed as 'PGDM' in 2007-'08. Since the 1st
respondent has obtained the said degree after 2008, the
nomenclature of his degree is 'PGDM', that is; Post Graduate
Degree in Management.
5. Since Ext.P16 makes it amply clear that 'PGDBM' is
nothing but 'PGDM' from 2007 onwards, the learned Single Judge
is justified in setting aside Ext.P10 order passed by the appellant
Bank, cancelling the allotment given to the 1st respondent.
W.A. No.46 of 2017
-: 4 :-
Hence, no interference is called for. The appeal fails
and the same stands dismissed. The appellant Bank shall comply
with the judgment of the learned Single Judge within one month
from the date of receipt of a copy of this judgment.
Sd/-
MOHAN M. SHANTANAGOUDAR
CHIEF JUSTICE
Sd/-
ANIL K. NARENDRAN
JUDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/11.1.2017
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2017/21ST POUSHA, 19382017
WA.No. 46 of 2017 () IN WP(C).28538/2016
------------------------------------------
AGAINST THE JUDGMENT IN WP(C) 28538/2016 DATED 24-11-2016
----------
APPELLANT(S)/1ST RESPONDENT IN THE WPC :-
--------------------------------------
THE ASSISTANT GENERAL MANAGER, CANARA BANK,
RECRUITMENT CELL, HUMAN RESOURCE WING,
HEAD OFFICE, JEEWAN PRAKASH BUILDING,
113/1 JC ROAD, BANGALORE - 560 002.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH MENON
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
RESPONDENT(S)/PETITIONER, 2ND AND 3RD RESPONDETNS, ADDL.4TH
RESPONDENTS IN THE WPC :-
------------------------------------------------------------
1. HARIDEV.S, S/O.SAHADEVAN, VALIYAKULANGARA,
CMC - 20, CHERTHALA, POST CHERTHALA,
PIN : 688 524, ALAPPUZHA DISTRICT.
2. CHAIRMAN,
INSTITUTE OF BANKING PERSONNEL SELECTION,
IBPS HOUSE, NEAR THAKUR POLYTECHNIC, 90 FEET,
DP ROAD, OFF. WESTERN EXPRESS HIGHWAY, P.B.NO.8587,
KANDIVALI (E), MUMBAI - 400 101, INDIA.
3. UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE, NORTH BLOCK,
CENTRAL SECRETARIAT, NEW DELHI - 110 011.
4. RAJAGIRI BUSINESS SCHOOL
RAJAGIRIVALLEY P.O., KAKKANAD, KOCHI.
BY SRI.T.ASAFALI
BY SRI.K.R.RAJKUMAR, ADDL.CGSC
BY SRI.TONY GEORGE KANNANTHANAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAN M. SHANTANAGOUDAR, CJ
&
ANIL K. NARENDRAN, J.
---------------------------------------------------
W.A. No.46 of 2017
----------------------------------
Dated this the 11th day of January 2017
J U D G M E N T
Mohan M. Shantanagoudar, CJ
The judgment dated 24.11.2016 passed in W.P.(C) No.28538
of 2016 is the subject matter of this appeal.
The only question to be decided in this appeal is as to
whether the Post Graduate Diploma in Business Management
(PGDBM) is equivalent to Post Graduate Diploma in Management
(PGDM).
2. The 2nd respondent published Ext.P6 notification for the
online examination for the Common Recruitment Process for
Recruitment of Specialist Officers in Participating Organisations
for various posts including I.T.Officer, Agricultural Field Officer,
Rajbhasha Adhikari, Law Officer, Marketing Officer etc. The
Participating Organisations are nationalised Banks, including
Canara Bank, Syndicate Bank, Bank of Baroda, Bank of India,
Andhra Bank etc. The qualifications prescribed for the post of
Marketing Officer (Scale-I) is Graduation plus Full Time 2 years
PGDBA/PGDBM with specialisation in Marketing, etc.
W.A. No.46 of 2017
-: 2 :-
The 1st respondent has obtained PGDM from the 4th
respondent, Rajagiri Business School and the same is approved by
the All India Council for Technical Education (AICTE), Government
of India, as is clear from Ext.P2 certificate produced in the writ
petition. Armed with the said certificate, he has applied for the
post of Marketing Officer in Canara Bank. Though his candidature
was provisionally allowed for the post of Marketing Officer (Scale-
I) in Canara Bank, the same came to be cancelled subsequently as
per Ext.P10 dated 29.6.2016. The said order was questioned by
the 1st respondent before this Court in the aforesaid writ petition,
which was allowed by the impugned judgment.
3. Learned counsel appearing for the appellant Bank
submits that 'PGDBM' is different from 'PGDM' obtained by the 1st
respondent and therefore, since there is no declaration of
equivalence between the two Post Graduate Degrees, it is not open
for the 1st respondent to apply for the said post. Hence, the
Canara Bank is justified in passing Ext.P10 order cancelling the
provisional allotment.
4. The said submission is opposed by the learned counsel
for the 1st respondent, who draws attention of this Court to
Ext.P16 issued by the AICTE. He argued in support of the
W.A. No.46 of 2017
-: 3 :-
judgment of the learned Single Judge. It is also submitted that
since the other Banks, which are also parties to the common
recruitment process, including Syndicate Bank, Bank of Baroda,
etc. have accepted 'PGDM' degree for the concerned post, there is
no reason as to why the Canara Bank made excuses in not
accepting the candidates having 'PGDM' qualification.
Ext.P16 resolves the dispute fully. Ext.P16 dated
10.8.2016 is a certificate issued by the AICTE, which clarifies that
the 'PGDBM' approved by the AICTE till 2006-'07 was renamed as
'PGDM' in 2007-'08, on the basis of recommendations of All India
Board of Management Studies. Thus, it is clear that the very
course, 'PGDBM' is renamed as 'PGDM' in 2007-'08. Since the 1st
respondent has obtained the said degree after 2008, the
nomenclature of his degree is 'PGDM', that is; Post Graduate
Degree in Management.
5. Since Ext.P16 makes it amply clear that 'PGDBM' is
nothing but 'PGDM' from 2007 onwards, the learned Single Judge
is justified in setting aside Ext.P10 order passed by the appellant
Bank, cancelling the allotment given to the 1st respondent.
W.A. No.46 of 2017
-: 4 :-
Hence, no interference is called for. The appeal fails
and the same stands dismissed. The appellant Bank shall comply
with the judgment of the learned Single Judge within one month
from the date of receipt of a copy of this judgment.
Sd/-
MOHAN M. SHANTANAGOUDAR
CHIEF JUSTICE
Sd/-
ANIL K. NARENDRAN
JUDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/11.1.2017
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