Degree equivalence : Curriculum more important then title of the degree

Supreme Court Reinstates Terminated Employee, Finds State's Action Arbitrary Laxmikant Sharma's Contractual Termination Overturned, Court Orders Restoration with Benefits

In a significant ruling, the Supreme Court of India, comprising Justices Sanjay Karol and Vipul M. Pancholi, has set aside the termination of Laxmikant Sharma, a contractual Monitoring and Evaluation Consultant with the Water Support Organization (W.S.O.), under the Public Health & Engineering Department (P.H.E.D.) of Madhya Pradesh. The court found the termination arbitrary and violative of Article 14 of the Constitution.

The appellant, Laxmikant Sharma, was terminated from his position on the grounds of not possessing a "Postgraduate degree in Statistics" as required by the recruitment advertisement. Sharma holds an M.Com degree with Business Statistics and Indian Economic Statistics as principal subjects, which the court deemed equivalent to the required qualification. The Supreme Court observed that the insistence on the degree title over the curriculum amounted to elevating form over substance.

The court highlighted that the termination was based on a report by an 8-member committee, which did not provide Sharma an opportunity to be heard, violating principles of natural justice. Despite subsequent expert opinions confirming Sharma's qualifications, the state repeatedly terminated his service, ignoring relevant documents.

The court emphasized that the decision to terminate was arbitrary and lacked a rational basis, especially since other similarly qualified candidates were retained. The judgment underscores that even in contractual matters, the state must adhere to principles of fairness and non-arbitrariness.

In conclusion, the Supreme Court ordered Sharma's reinstatement with all consequential benefits, while clarifying that this decision is specific to the peculiar facts of the case and should not be treated as a precedent.

Bottom Line:

Contractual employment termination due to alleged ineligibility - Appellant's M.Com degree with Statistics as principal subjects deemed equivalent to "Postgraduate degree in Statistics" prescribed in the advertisement - Termination found arbitrary and violative of Article 14 - Restoration of service directed.

Statutory provisions: Article 14 of the Constitution of India

Laxmikant Sharma v. State of Madhya Pradesh, (SC) : Law Finder Doc id # 2818079