B.Ed is Not A “Bachelor Degree” of Graduation, Rules Gujarat HC

So read

After hearing the submissions, the Bench of Justice Karia agreed with the respondent’s submission and observed that to get a B.Ed degree a person has to possess a BA or BSc degree.

The High court also relied on Chief Manager, PNB & Anr versus Anit Kumar Das, whereby the Apex Court had not considered a person who possessed higher qualifications as eligible for the post of peon.

Therefore, the court dismissed the plea and affirmed that the respondent was correct in rejecting the candidature of the petitioners.

Title: Brijesh Kumar Dasharathlal Patel versus Chairman & Ors

Case No.: C SCA 16694/2017

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The Gujarat High Court has ruled that a Bachelor of Education (B.Ed Degree) is not a bachelor’s degree of graduation and this court can only be pursued after completing graduation in one of the branches of arts or science.

The court further ruled that people holding a B.Ed degree are over-qualified for positions that have a minimum prescribed qualification of graduation and therefore rejecting the candidature or having more qualifications cannot be considered bad in law.

In the instant case, two petitioners were holding B.Ed degrees but this was not deemed equivalent to a bachelor’s degree that was required for the post.

Even though the candidature of one petitioner was rejected due to a miscalculation of the CGPA, the candidature of the other petitioner was rejected on the ground that he had a higher qualification than the minimum qualification.

Before the Court, the petitioner submitted that a B.Ed degree is equivalent to a graduate degree and therefore it cannot be considered a Postgraduate Degree. It was also submitted that the terms Bachelor and Graduate are synonymous as per dictionaries and so they are eligible for the post.

On the other hand, the respondent corporation opposed the same and submitted that a B.Ed degree is not a graduation degree and is offered to those who have completed their BA or BSc degree. It was further submitted that it is up to the employer to determine the suitability and relevance of the qualifications.

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So read

After hearing the submissions, the Bench of Justice Karia agreed with the respondent’s submission and observed that to get a B.Ed degree a person has to possess a BA or BSc degree.

The High court also relied on Chief Manager, PNB & Anr versus Anit Kumar Das, whereby the Apex Court had not considered a person who possessed higher qualifications as eligible for the post of peon.

Therefore, the court dismissed the plea and affirmed that the respondent was correct in rejecting the candidature of the petitioners.

Title: Brijesh Kumar Dasharathlal Patel versus Chairman & Ors

Case No.: C SCA 16694/2017

Get Instant Legal Updates on Mobile- Download Law Trend APP Now

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