- Case
- VISHAL KUMAR v. UNION BANK OF INDIA (Bombay High Court, 06-03-2025)
- Law
- Constitution of India, University Grants Commission Act, Service Law.
Facts: The petitioner, an ex-Airman, applied for the post of Marketing Officer (Scale-I) in Union Bank of India through IBPS notification. He possessed an MBA degree acquired through distance education from Sikkim Manipal University, which was recognized by UGC. After clearing the written exam and interview, he was provisionally allotted a vacancy and issued an appointment letter. He sought discharge from the Air Force and was subsequently discharged. However, the bank later rejected his candidature, citing his MBA degree was obtained through distance education.
Procedural Posture: The petitioner initially approached the Jharkhand High Court, which directed him to approach the Bombay High Court. This writ petition was filed in the Bombay High Court challenging the cancellation of his appointment.
Issue: 1. Whether the bank specifically required a full-time MBA degree holder for the post of Marketing Officer? 2. Whether a distance education MBA degree can be considered equivalent to a full-time MBA degree for the said post?
Holding: The Bombay High Court allowed the writ petition, quashing the cancellation letter and restoring the appointment order. The Court directed the bank to permit the petitioner to join duties.
Reasoning: The Court relied on a previous judgment of the same High Court (Mr. Nihal Anandrao Tandekar V/s. The Nuclear Power Corporation of India and Ors.) and UGC notifications stating that degrees/diplomas/certificates awarded by Open Universities in conformity with UGC notifications should be treated as equivalent to corresponding awards of traditional Universities. The Court also noted that the 2016 advertisement did not explicitly specify "full-time" before "MBA (Marketing)", unlike a subsequent advertisement in 2022. The Court interpreted this omission as the bank not necessarily insisting on a full-time MBA degree for the post in question. The court cited Ashish Kumar V/s. State of Uttar Pradesh And Others, (2018) 3 SCC 55, to interpret the use of slashes in qualifications. The court determined that the bank's recruitment policy did not mandate an MBA as a prerequisite.
