Justice Satish Chandra Sharma and Vishwajith Shetty made a statement while allowing the writ petition filed by Bangalore water supply and sewerage board (BWSSB) in Karnataka that:
"The Courts are not the expert bodies who can give a finding that Bachelors degree in Engineering has to be treated equivalent to a degree in Science. It is for the expert bodies like the University Grant Commission to arrive at such a finding and therefore, as the qualification required for the post in question was graduation in science, the appeal preferred by the employer deserves to be allowed and is, accordingly allowed"
The applications to the facts of the case.
In the case BWSSB vs Ambarish Kumar, where BWSSB challenged the decision of a single judge issued on September 3, 2020, BWSSB asked to consider the degree of engineering as a bachelor degree in science and think about the candidature of seven candidates, all BE degree holders, for the posts of right hand/assistant.
The BWSSB had welcomed applications for the post of 'assistant' and the qualifications recommended were "degree in expressions/trade/study of a perceived college and one-year length course in PC basis".
On this offer, BE degree asked BWSSB to consider their candidature and asked them to consider BE degree equivalent to a degree in science. BWSSB rejected the plea, they moved to the high court.
Arguments by both the parties :
Counsel of Appellant contended that it is impossible to consider the degree of engineering as a degree of science. They both are different from each other.
In response, the Counsel for respondents contended that a degree in engineering is absolutely a degree in science as the previous likewise shapes some portion of the science stream. Subsequently, the single-judge was supported in holding that the respondents are qualified to take part in process of selection.
In pursual to pleadings, the division bench taking support of the Supreme Court's decision in the Zahoor Ahmed case said that the state needs to consider the social points of view that require making of job opportunities across the societal structure.
In additiona to this court stated that employers are entitled to recommend the qualifications as a condition for eligibility and the capacity of the legal survey isn't to develop the ambit of such endorsed capabilities.