MHRM Degree Not Equivalent To MBA, Equivalence Of Qualification To Be Determined By Recruiting Authority: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that the determination of equivalence of degrees being a matter of academic expertise, does not lie within the domain of a writ court but with the recruiting authority.

Relying on the Supreme Court decision in Zahoor Ahmad Rather & Ors v. Sheikh Imtiyaz Ahmad & Ors, Justice Narendra Kumar Vyas said equivalence of a qualification is not a matter which can be determined by the Court in exercise of power of judicial review. The bench further said it is also well settled whether a particular qualification should or should not be regarded as equivalent is a matter for recruiting authority to determine.

Dealing with the question whether the MHRM is equivalent to MBA or not, the court said it is for the university to determine the same.

"So far as for determination of legal issue raised in this petition from bare perusal of the documents annexed in this petition, it is quite vivid that the MHRM course is two years master's course which focuses strictly on Human Resource Domain. It will give complete knowledge in human recruitment strategies and evaluations whereas in MBA, it will give to choose from a range of choice as marketing, finance, Human Resources, Business Analytics, Production, etc., therefore, it cannot be said that MHRM is equivalent to MBA," it added.

In 2011, Guru Ghasidas University had issued an order terminating the services of the petitioner who was working as Lecturer (Management) on the count that he had not fulfilled the essential qualification. The order further mentioned that upon enquiry, the University found that the petitioner only cleared MHRM, which is not the minimum qualification for Lecturer (Management). 

Aggrieved by the order, the petitioner moved the High Court. 

Advocate Prateek Sharma appearing for the petitioner submitted that the prescribed educational qualification required for appointment as a Lecturer (Management) was a good academic record in a Master's degree level in the relevant subject. He added that, having cleared MHRM and NET, the petitioner had applied for the post and was appointed after due selection process initiated by the University. It was further argued that in other universities, persons with MHRM degree were taking classes in Management.

Senior Advocate Ashish Shrivastava assisted by Advocate Aman Pandey representing the University contended that it has been informed by the awarding university that MHRM was not equivalent with MBA although they are eligible to teach some papers in MBA.

The court said the petitioner could not point out any illegality or perversity in the decision making process of the University. Thus, the Court found that there was no reason to interfere in the impugned order. 

Since the essential qualification for appointment as a Lecturer (Management) is MBA and the petitioner did not have the requisite qualification, it was held that he cannot be allowed to continue in the service.

As such, the petition was dismissed. 

Case Title: Cashmir Kujur v. State of Chhattisgarh & Ors.

Citation: 2022 LiveLaw (Chh) 85  

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