Delhi High Court
Ms. Bhawna Singh vs Govt. Of N.C.T. Of Delhi And Ors. on 26 November, 2002
Equivalent citations: 103(2003)DLT155
Author: A.K. Sikri
Bench: A.K. Sikri
JUDGMENT A.K. Sikri, J.
1. This writ petition involves a short question of law relating to the eligibility of the petitioner for the post of Assistant Teacher (Primary). Respondent No. 3 i.e. Delhi Subordinate Service Selection Board (DSSSB) gave an advertisement vide Advertisement No. 0002/98 for filling up of various posts in the Schools run by respondent No. 4, namely, Municipal Corporation of Delhi (MCD). The essential qualifications for the said posts as advertised in the aforesaid advertisement are as under:
"Essential: (a) Sr. Secondary or equivalent with 2 years teachers training course or equivalent from a recognised Board/University.
OR
(b) Degree in any discipline or equivalent with degree in Education or equivalent from a recognised University.
OR
(c) Professional qualification ETE from the DIETs run by SCERT, Delhi with 50% marks (45% in case of SC/ST/OBC).
Note: The candidate should have passed the required language at Secondary or Senior Secondary level.
2. Therefore a Corrigendum dated 18.6.1999 was issued and the aforesaid 'Note' was substituted by the following:
"the candidate should have passed the required language i.e. Hindi at Secondary or Senior Secondary level.'"
3. As is clear from the note appearing in the aforesaid advertisement, it was one of the essential conditions of eligibility for the post that the candidate should have passed the required language i.e. Hindi at the Secondary or Senior Secondry level.
4. The petitioner has passed All India Secondary School examination in the year 1988 with Sanskrit as an optional subject, Hindi was not the subject she studied. Thereafter, she passed All India Senior School Certificate Examination, 1990. This time neither Hindi nor Sanskrit were her subjects. She did her Graduation, namely, B.A. (Hons. course) in English in the year 1994 from Delhi University. Thereafter, she had passed B.Ed, (one year course) examination held in the year 1996 from Maharshi Dayanand University, Rohtak.
5. From her educational qualifications it appears that admittedly she did not have Hindi subject in Secondary or Senior Secondary level. Although she did her B.A. (Hons. course) in English, she passed subsidiary examination in Hindi while doing her B.A. (Hons. Course) in English. It is on the basis of passing out of this examination that the petitioner claims that she becomes eligible to apply for the post as passing of the subsidiary examination in Hindi subject would meet the aforesaid requirement of the said advertisement.
6. Although the advertisement in question prescribes that the Hindi language should be studied at Secondary or Senior Secondary level, however, even if a candidate has not studied this language at Secondary or Senior Secondary level but at a higher level i.e. while doing his/her Graduation, he/she would still be eligible to apply for the post. This aspect of the matter stands concluded by Division Bench judgment of this Court in the case of Manju Pal v. Government of NCT of Delhi and Anr. . The relevant observations of the said judgment in the makes the following reading:
"It is significant to note that nothing is stated in the counter affidavit as to how Hindi at the Higher Secondary level is helpful for teaching primary level students. What is so special about Hindi at the secondary level, which attribute Hindi at higher level is lacking has not been explained in the counter affidavit or the arguments of the learned Counsel for the respondents. Hindi as a language has not been mentioned in the advertisement as a special qualification for imparting education to the students at the primary level. It cannot be assumed by any stretch of imagination that a candidate possessing higher qualification like B.A. with Hindi or M.A. with Hindi will be less efficient in teaching primary classes than a person possessing lesser qualification such as Higher Secondary with Hindi."
7. In view of the aforesaid pronouncement the respondents cannot contend that Hindi as a language has to be studied at Secondary or Senior Secondary level alone. Acquiring this qualification even at Graduation level would make the candidate eligible to apply for the post.
8. However, the next question which needs determination is as to whether studying Hindi language as a subsidiary subject at Graduation level would make a person eligible for the post in question. We are afraid, answer to this question has to be rendered in the negative. Merely by having Hindi as a subsidiary subject at Graduation level, it cannot be said that the candidate has acquired the qualification as per the advertisement. The educational qualifications as prescribed by the respondents stipulate that the candidate should have passed Hindi language at Secondary or Senior Secondary level. The purpose for prescribing such a qualification is to ensure that the candidate has sufficient knowledge of the language and he/she has studied the same adequately. Even if the study of Hindi as a language is not at Secondary or Senior Secondary level but at the level of Graduation that may still serve the purpose in view of the aforesaid judgment in the case of Manju Pal (supra). However, even in that case Hindi has to be studied as one of the subjects i.e. B.A. with Hindi which is normally in all the three years of Graduation. It is a matter of common knowledge that in many Hons. courses at Graduation level, one or two subsidiary subjects are also required to be cleared. However, such a subject is only for one year and that too not a compulsory subject. In the instant case the petitioner has done Graduation in English (Hons.) Hindi was only studied as one of the subsidiary subjects. No marks of this subject were even added. It was only a qualifying examination/By studying Hindi as a subsidiary subject in a course, namely, B.A. (Hons.) in English, one cannot claim that he/she has passed B.A. with Hindi or has fulfillled the eligibility condition of studying Hindi. Proficiency required is clearly lacking. It may be added that the passing of the required language i.e. Hindi is made an essential qualification for the post of primary Teacher keeping in view the duties which are to be performed by such primary Teachers. Prescription of such eligibility conditions is the function of the employer. Equivalence is also to be judged by it and Courts normally cannot interfere unless the decision is arbitrary, mala fide or discriminatory.
9. For the aforesaid reasons, we do not find any merit in the writ petition which is accordingly dismissed.