O R D E R
HON'BLE SHRI DEVENDRA CHAUDHRY, MEMBER (A) Both the cases as above are being considered together as the core valorem is same viz: eligibility qua the educational qualification for the examination under consideration is common to them although within each O.A the facts are slightly different inasmuch that that in 00489/2019, the matter is for recruitment to the post of Postman/Mail Guard for which the stated qualification is 10thstandard from a recognised Board and in the O.A No. 00451/2019 which is for
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recruitment to the post of Postal Assistant/Sorting Assistant for which the qualification is 10+2 standard or 12thclass from a recognized Board. The examination dates for each of them are also different.
2. The O.A No 489/2019, concerns educational qualification eligibility for the examination with regards to recruitment to the post of Postman from the current post of Gramin Dak Sevak. Per applicant, after having passed the Purva Madhyma stated to be equivalent to High School from U.P. Madhyamik Sanskrit Shiksha Parisad (SSP, Lucknow in year 2010 and thereafter Uttar Madhyama in year 2013 applied for and was selected to become Gramin Dak Sevak GDS-BPM Branch office Rehman Kheda Lucknow. The applicant accordingly joined in March 2011, and has been working satisfactorily since then. That in year 2018, a notification was issued whereby a applications were invited for the post of Postman, to which the applicant applied as he fulfilled the eligibility conditions. However, the said examination was cancelled and another notification dated 20.08.2019 issued with the date of examination being 29.09.2019 [Annexure A-3] to which the applicant made application, but was not issued the Admit card and so the applicant filed the current OA before this Tribunal in which the Tribunal vide order dated 26/9/2019 permitted the applicant to appear in the examination but subject to withholding of result till the pendency of the O.A. Now the
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applicant is before the Tribunal by way of final hearing after the declaration of the result in general vide notification dated 16/3/2020 [Annexure M-2].
3. The applicant submits that (a) per the examination notification dated 20/8/2019 para-3 [Annexure in CMA 1399/2022], 10thstandard pass from a recognized Board is the required qualification, (b) the UP Madhyamik Shiksha Parishad, Allahabad has laid down that Purva Madhyma as granted by UP Sanskrit Shiksha Parishad, Lucknow as being equivalent to High School as stated in O.M. of UP Education Department dated 18/10/2004 - Annexure -3 in CMA:1428/2022 and (c) the Council of Boards of School Education in India notification dated 05/10/2020 [Annexure M-4] in Supplementary Affidavit has notified per Serial 56 and 57 the UP Board of High School & Intermediate Education as well as UP Board of Sec. Sanskrit Education respectively as recognized Boards. Hence since the applicant has undisputedly got the certificate of Purva Madhyma which he passed in 2010 as also Uttar Madhyma of 2013, hence the applicant fulfills the eligibility criteria and hence the respondents assertion contra to same is not in accordance with the extant Circulars. Therefore, the O.A has merits and should be allowed and the applicant offered the recruitment to the post of Postman as per results declared thereof.
4. Per contra the respondents assert that the qualification of
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Madhyma is of no relevance inasmuch that the examination notification of 2019 requires 10thstandard pass from a recognized Board and since the UPSSP is not a recognized Board even if UPMSP is, therefore, indirect recognition of UPSSP by UPMSP is not acceptable. In the CA, respondents have relied on the OM dated 6/10/02/1970 read with DOP &T O.M. dated 29.11.1969 and submitted that the Poorv Madhyama qualification from UP Board of Secondary Sanskrit Education even if set up under the Act of the same name in 2000 9U.P. ACT NO 32 OF 2000] and even if recognized by the U.P. Madhyamik Shiksha Parishad - is not the recognized Board per the Department of Posts/DOPT and so the applicant does not have the requisite qualification. Hence, the OA has no merit and is liable to be dismissed.
5. Heard learned counsels for the parties at length and perused all the pleadings including Rejoinder and other affidavits filed by the parties carefully.
6. The key issue which falls for consideration is the eligibility of the applicant having Poorva Madhyama (IInd) educational qualification which per the applicant is equivalent to High School and that therefore the applicant is eligible for being considered for the post of Postman if successful in the examination.
7. As regards the issue of 'Recognised Board' first of all the applicant's assertion that the COBSE is the competent
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authority for recognizing the Boards for providing employment in the Central Government and it's the DOPT which lays down rules/guidelines for eligibility of employment in the Central Government. Moreso the assertion of the applicant is a bald statement inasmuch that COBSE assertion of the competent authority is not supported by any document specifying that it is the competent authority for grant of recognition much less specifying conditions for educational eligible qualifications for employment in Central Government. On the sidelines it is further held that having Uttar Madhyama qualification is no fulfillment of the qualification specified in the examination notification because the qualification is clearly stated as High School and anything even if a higher qualification cannot be considered in accordance with law laid down by the Hon Apex court in a catena of judgments that minimum qualification should be fulfilled first and additional qualification is of relevance only if the eligibility conditions specify any express preference for such additional qualification which in the extant case is not found in paragraph-3 of the 2019 examination notification. Hence the eligibility of the applicant has to be considered in light of what he has as a qualification under the High School ambit. Nothing more; Nothing less.
7.1 Now to take up the bull by the horns as it were with regards to eligibility of the applicant qua the High School qualification from a recognized Board. The respondents have
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themselves, reproduced Circular of DOPT dated 06/10.02.1970 para-11 of CA whereby it is clearly stated that for the purposes of employment in Central government the equivalence of Purva Madhyama with English would be equivalent to High School. The relevant Circular is extracted below:
DOPT Circular dated 06/10.02.1970
Copy of Comm. No. 21/1/69/-3PB-117) dt. 6/10.2.70 from the DOP&T New Delhi to All Heads of Circles and others, Sub: Recognition of reorganized examination conducted by Varanaseya Sanskrit Vishwa Vidyalaya, Veranasi as equivalent to various educational qualifications in general set up of education for purpose of employment under the Central Government, I am directed to enclose a copy of the I&T Q.M.No. 6/17/63bott(D) dt. 29.11.1969 for information and guidance of all concerned. Copy of O.M.No.6/17/65-Eett(D) at. 29.11.59 from Government of India. Ministry of Home Affairs to All Ministries of the Government of India etc.
Sub: Recognisation of the examinations conducted by Varanaseya Sanskrit Vishwa Vidyalaya Varanasi as equivalent to various educational qualifications in the general set up of education for purposes of employment under the Central Government. The undersigned is directed to say that the Government of India have decided in consultation with the Union Public Service Commission to reorganise the following examinations conducted by the Varanaseya Sanskrit Vishwa Vidyalaya Varanasi as equivalent to various education -al qualifications in the general set up of education as indicated against each, for purposes of employment under the Central Government
Name of the Examination
1, Purva Madhyama(with English) As equivalence to or old Khand Madhyama High School Examination
(First Two years course)
and special. examination
in additional subjects with English
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as one of the subjects.
2. Uttar Madhyana(with English) or old Khand Madhyama(full four years course) or sampurna Madhyama examination and special Examination additional Intermediate Examination subject in each case with English as
one of the subjects.
3. Shastri (with English) or Shastri or Sampurana Shastri B. A. Degree Examination with special
Examination in additional
subjects with English as
one of the subjects
Varishta Shastri.
In so far appointment under the Indian Audit & Account Department are concerned these orders have been issued in consultation with the comptroller and Auditor General of India.
"
The Circular makes it abundantly clear that (a) if Madhyma is passed with English as a subject, then it is equivalent to High School, (b) High School is a recognized undisputed certificate given in the instant case by the UPMSP as the undisputed authority of a recognized Board. The eligibility is for express purpose of 'employment under the Central Government' and so we look no further for an eligible educational qualification for Postman should the above two conditions be met. In fact the respondents have also stated in their para-21 of the CA wherein it is clearly stated that -
"..in the present case the applicant has not passed these examinations with English as one of the subject, therefore, he was not allowed to appear in LDCE for promotion to the post of Postman and Mail Guard (held on 29.09.2019)."
This in a way is approbation and reprobation on part of the
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respondents inasmuch that in paragraph 12-14 of the CA this part is not addressed and the point of equivalent qualification is labored which per the respondents is not admissible because the exact qualification of High School is mandated and not an equivalent. That is to say that reliance is placed on word 'equivalence' which is not acceptable as against in paragraph-21 where the word 'English' is sprung up and it is denied that the applicant has 'English' as a subject in the Madhayma certificate when the certificate at Annexure A-1 enclosed the certificate of Madhyama with 'English' which is for all to see. It indicates that the respondents have not bothered to even examine the O.A and the Annexures and asserted points which are patently erroneous factually in respect of document stating some point even while the respondents denying that the point - a la 'English' is not stated. The less said about such callous and careless submissions the better lest it reflect on the merit of the respondents' draft of submissions.
7.2 Quite clearly therefore, the respondents cannot now argue that just because the word used in 'recognised University / Board' is specified the Purva Madhyama equivalence given to High School is non-est. The DOPT itself has laid down for all Central government employment purposes the equivalence - if this is not adequate eligibility then the entire purpose of the Circular gets extinguished - moreso even when the Circular
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states that it is for employment under Central government. Even otherwise if one argues on the semantics part of the specified qualification of equivalence vs not so - The Black's Law Dictionary - Eighth South Asian edition - states the following on 'Equivalent' -
'equivalent': adj. 1. Equal in value, force, amount, effect, or significance. 2. Corresponding in effect or function; virtually identical.
In fact it is for this reason that the DOPT vide its 6/10.2.1970/29.11.1969 Circular stated the condition of equivalence and then said that this equivalence is valid for employment in Central Government. Clearly an equivalent is something of equal value as in the current case wherein the Purva Madhyama is considered equivalent if supported with English subject as being having same function as if a High School and the same is also upheld by the respondents' own DOPT Circular. Hence the challenge to Purva Madhyama not being adequate to be covered in the eligibility of High School falls as a dud missile to the ground. The respondents verily miss the woods for the trees.
7.3 As regards the issue of 'English' being a subject in Purva Madhyama, the same is fulfilled per the certificate at Annexure - A-1 filed by the applicant wherein it is clearly stated that 'English' subject was indeed included in the applicant's examination. The fact that the institution granting the Purva
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Madhyma certificate viz UPSSSP is mandated by the State Government letter of 18/10/2004 [Annexure -3 of CMA 1399/2022] which in turn specifies in its paragraph-2 the factum that the UPMSP has vide notification dated 25/6/2003 and 20/11/2003 recognised the Purva Madhyama / Uttar Madhyama qualification and certification by UP Madhyamik Sanskrit Shiksha Parishad, Shahmeena Road, Lucknow, followed by assertion of the same vide letter dated 17/8/2010 {Annexure-4 in the same CMA} of Secretary UP MSP to Director [Recruitment] of the office of PMG, Lucknow halts any further search for validity of the Purva Madhyma with English certificate as a valid eligible qualification in the case at hand. The concerned letters are extracted below for ready reference:
Annexure -3 in CMA 1428/2022 dated 18/10/2004:
ेषक :
ाम सु र अि हो ी,
संयु सिचव,
उ र देश शासन ।
उप- सिचव,
मानव मा िमक संसाधन िवकास मं ालय भारत सरकार,
मा िमक एवं उ िश ा िवभाग,
ए- / इ ू- - 3,कजन रोड, बेरफत, क ूरबा गाँधी माग नई िद ी । सं ृ त िश ा अनुभाग, लखनऊ: िदनांक: 18 अ ू बर, 2004
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िवषय: उ र देश मा िमक िश ा प रषद ारा दान िकये जाने वाले माण-प ो ंके रो ं के स मै !
महोदय,
mijksDr fo'k;d vkids i=kad ,Q&18/&5/2004& ,u,l0&2] fnukad 21&9-2004 dh vksj vkidk /;ku vkdf'kZr djrs gq, eq>s ;g dgus dk funs"k gqvk gS fd izns"k "kklu dh vf/klwpuk la[;k& 2464&l=g &fo0&A&A ¼d½ 28&2000 fnukad 1-11-2000 ¼izfrfyfi lyaXu½ ds /kkjk& 13 }kjk jktdh laLd`r fo|ky;] okjk.klh ;k lEiw.kkZuUn laldr̀ fo"ofo|ky;] okjk.klh }kjk lapkfyr dh tk jgh izFkek] iwoZ e/;ek ;k mRrj e/;ek Lrj ds ikB~;dzeksa dh v/;;u djs okys O;fDr;ksa dh ijh{kk vkSj ,ls O;fDr;ksa dks fMIyksek ;k izek.k&i= iznku djus dh "kfDr izns"k esa mRrj izns"k Ekk/;fed laLd`r f"k{kk ifj'kn] "kkgehuk jksM] y[kuÅ dks iznku dj nh xbZ gSA
2- izdj.k esa mDr ds dze esa mRrj izns"k Ekk/;fed laLd`r f"k{kk ifj'kn]
"kkgehuk jksM] y[kuÅ }kjk o'kZ 2002 ls mDr ijh{kkvksa dk vk;kstu fd;k tk jgk gS] vkSj mDr ifj'kn }kjk lEiUu djk;h tk jgh ijh{kk;s ;Fkk& izFkek] iwoZ e/;ek RkFkk mRrj e/;ek ijh{kkvksa ds izek.k i= iwoZ ds leku dze"k% d{kk&8] gkbZ&Ldwy ¼eSfVªd½ o b.VjehfM,V ds led{k gSA blh lca/k esa mRrj Ekk/;fed laLd`r f"k{kk ifj'kn] bykgkckn dh foKfIr la[;k &9@115 fnukad 25-06-2003 o foKfIr la[;k& 9@494 fnukad 20-11-2003 }kjk iwoZ e/;ek dks gkbZ&Ldwy ds led{k rFkk mRrj e/;ek dks b.VjehfM,V ds led{k ekU;rk iznku dh x;h gSA
3- d`i;k mDr fLFkfr ls voxr gksus dk d'V djsaA
Hkonh;]
g0viBhu;
Annexure -4 in CMA 1428/2022 dated 17/08/2010
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ेषक :
सिचव, मा िमक िश ा प रषद् उ र देश, इलाहाबाद सेवा म,
वेद काश िमश्र
सहायक िनदेशक ( र ू टमट) कायालय चीफ पो मा र जनरल, उ० ० प रमंडल, लखनऊ-226001
प ांक: - प रषद - 1 / 438
िदनांक 17.08.2010
महोदय,
िवषय:-िविभ परी ाओ ंकी हाई ू ल तथा इंटरमीिडएट परी ा की समक ता के स म |िन वत ह:
महोदय,
कृपया अपने प सं०-09 िदनांक 25-06-2010 का संदभ गृहण करना चाह | उ के संदभ म सूचनाएं िन वत ह:
{1} मा िमक सं ृ त िश ा प रषद् उ र देश
प रषद िविनयमो ंके अ ाय-चौदह के िविनयम-2(42) के ावधानानुसार वष 2002 की परी ा म संचािलत मा िमक सं ृ त िश ा प रषद उ र देश लखनऊ ारा संचािलत पूव म मा (ि तीय खंड) परी ा मा िमक िश ा प रषद उ र देश की हाई ू ल परी ा के समक मा है | ात है िक वष 2002 से पूव उ परी ा स ूणान सं ृ त िव िव ालय, वाराणसी ारा संचािलत की जाती थी |
प रषद् िविनयमो ंके अ ाय-बारह के िविनयम-17 (7ख) के ावधानानुसार वष 2001 तक स ूणान सं ृ त िव िव ालय वाराणसी एवं वष 2002 की परी ा से मा िमक सं ृ त िश ा प रषद् लखनऊ ारा संचािलत उ र म मा (ि तीय खंड) परी ा मा िमक िश ा प रषद् उ र देश की इंटरमीिडएट परी ा के समक मा है |
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{2} गु कुल िव िव ालय वृ ावन मथुरा प रषद िविनयमो ं के अ ाय - चौदह के िविनयम-2 (30) के ावधानानुसार गु कुल िव िव ालय वृ ावन मथुरा ारा वष 2000 की परी ा तक संचािलत अिधकारी परी ा मा िमक िश ा प रषद उ र देश की हाई ू ल परी ा के समक इस ितब के साथ मा है िक उ परी ा अं ेजी िवषय के साथ एक ही वष म (ख ो ंम नही)ं उ ीण की गयी हो | उ र देश शासन ारा िनगत शासनादेश िदनांक 10-07-2000 ारा उ अिधकारी परी ा की मा ता समा कर दी गयी है | तदानुसार वष 2000 से आगे की अिधकारी परी ा मा नही होगी |
गु कुल िव िव ालय वृ ावन मधुरा ारा संचािलत पंिडत परी ा मा िमक िश ा प रषद् उ र देश की इंटरमीिडएट परी ा के समक न तो पूव म मा थी और न वतमान म ही मा है।
(3) िहंदी सािह स लेन इलाहाबाद िहंदी सािह स ेलन इलाहाबाद ारा संचािलत थमा/ म मा (िवशारद) परी ा मा िमक िश ा प रषद उ र देश की हाई ू ल / इंटरमीिडएट परी ा के समक न तो कभी पूव म मा थी और न वतमान म ही मा है |
Quite clearly, therefore, this challenge also falls like Humpty Dumpty and all the respondents' arguments can never put it back again.
8. We now quickly advert to the O.A 451/2019 in which also the same issue of 'equivalence' vs 'recognised Board' is involved but with the factual difference that in this case, the applicant has applied for promotion to the post of 'Postal Assistant' / Sorting Assistant' for which the minimum qualification per
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examination notification dated 05/8/2019 for examination held on 15/9/2019 is Uttar Madhyma and the applicant therein fulfills the criteria laid down by the same DOPT Circular of 1970/1969 of having Uttar Madhyma certificate with English as a subject [Annexure A-1 colly page 25-28 of O.A]. The only point which needs mention other than this is that while the applicant is indisputably eligible per his Uttar Madhyama with English as a subject qualification certificate for the post which he has applied for, based on all the reasons discussed in O.A 489/2019, but the applicant's assertion that he qualified in one subject viz English in the Intermediate Examination held by the UPMSP [para-5(R) of O.A ] which would also qualify him is not a indisputable proof that he has passed the requisite Intermediate examination with other attendant subjects as would befit a full Intermediate / standard 12 examination certificate which typically (a) has more than one subject for complete fulfillment of 'Intermediate Certificate', (b) the same is provided after two years of study and (c) not just in one subject in just one year. Therefore, the requirement as seems to be indicated per the Intermediate Certificate filed at page-27 of the O.A, which is with regards to only one subject - viz English, and the certificate clearly mentions 'PASSED UNDER REGULATION 17-2 CHAPTER XII' per se as stand-alone may not fulfill the eligibility had the applicant not had the Uttar Madhyma with English certificate which he has and so he can rest assured on the
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basis of the Uttar Madhyama certificate with English as having the requisite qualification for being eligible for promotion to the post of Postal Assistant / Sorting Assistant in light of the discussions in the O.A No. 489/2019 which fully cover his case also. QED. [quod erat demonstrandum].
9. En intuitu, there is no challenge left in both the O.As and so the O.As are worthy of succeeding. It is accordingly directed that:
i. The result of the applicants in both the OAs shall be declared and made public per the examinations held on the concerned dates vide concerned notifications;
ii. The concerned injunction against withholding of results automatically and consequentially stand vacated;
iii. If the applicants are successful in the concerned examinations, then they shall be offered appointment to the concerned posts as applied for; and,
iv. The orders herewith shall be complied not later than in three weeks from the date of receipt of a certified copy of this order at the pain of contempt.
10. No costs. Outstanding MAs stand disposed.
DEVENDRA CHAUDHRY JUSTICE ANIL KUMAR OJHA
Member (A) Member (J)
vidya
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