Central Administrative Tribunal - Patna
Vidushi Tripathi vs Posts on 26 April, 2023
// 1 // OA/050/00282/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00282/2021
050/00
Date of Order:26th April, 2023
CORAM
HON'BLE MR M.C. VERMA,
VERMA MEMBER [J]
HON'BLE MR. SUNIL KUMAR SINHA, MEMBER [A]
Vidushi Tripathi, D/o Sri Dinesh Tripathi, Village & P.O.
P.O.-Haraji,
Haraji,
P.S.-Awtar
Awtar Nagar, Block
Block-Dighwara,
Dighwara, District - Saran (Chapra)
841207.
.......... Applicant.
By Advocate ::- Shri Jayant Kr. Karn.
-Versus
Versus-
1. The Union of India through the D.G. Cum Secretary, Department
of Posts, Dak Bhawan, New Delhi - 110001.
2. The Chief Postmaster General, Bihar Circle, Patna - 800001.
3. The Director Postal Services (Hq.), O/o Chief Postmaster General,
Bihar Circle, Patna - 800001.
4. The Asstt. Director, Recruitment, O/O/o
o Chief Postmaster General,
Bihar Circle, Patna - 800001.
5. The Sr. Superintendent of Post Offices, Saran Division, Chapra
841301.
......... Respondents.
By Advocate ::- Shri Ravindra Rai.
O R D E R (O R A L)
M.C. Verma, M[J]
1. The OA is at final stage of hearing. Heard.
2. Mutatis mutandis the case of the applicant, applicant, as has been set out in pleading of the OA is that an A Advertisement for recruitment in cadre of GDS was issued by the respondents on 27.04.2021 and being aspirant for appointment in GDS cadre registered herself as per instruction given in the advertisement to submit her online application for 3 posts of Saran Division but her application was not accepted by the system as the column for Hindi in Matriculation cannot be filled fi led up in her case case, as per option given in the system. She has studied // 2 // OA/050/00282/2021 Hindi in 8th class and Sanskrit was her subject in 9th 10th class whereass in Intermediate her subject was Hindi. That Hindi as a subject in Matriculation has been fixed as a criteria for applying for the post in issue and because of her inability to fill up the column yielded into non acceptance of her application through online. She personally visited the authority but of no avail.
3. Assailing the criteria of fixing Hindi as a subject in Matriculation as we well ll as non acceptance of her application, applica through online;; and contending that she has studied Hindi up to 8th class and also have studied Hindi in 12th class and therefore as per existing Rule she cannot be debarred from participating in the examination, OA has been filed.
4. Needless to say, the OA came for notice hearing on 25.05.2021 and till then last date for submitting the application has not expired and vide ad ad-interim order; applicant was allowed to deposit hard copy of her duly filled application in the office of respondent No.4 before the expiry of last date date, which was 26/05/2021 in this case case. Operative portion of proceeding order dated 25.05.2021 25.05.2021,relating to ad-interim interim relief reads as under:-
"5. Taking note of entirety, let issue notice on the OA. Formal Service of notice is waived of by counsel for respondents. Respondents may file W. S. Before next date fixed.
6. As an ad- interim measure, it deem fit and proper to allow the applicant to deposit deposi her duly filled application in the office of respondent no. 4 till closing hour of the office on 26/5/2021 and to direct respondent no. 4 that if applicant wants to submit any such application till closing hour of his office of 26/5/2021, the same be accepted acc and be sent to appropriate Authority for scrutiny. If the application // 3 // OA/050/00282/2021 of the applicant is found as per norms and except that she has not studied Hindi as her subject in Metrication she is found fulfilling all other criteria's, her candidature shall ll be considered but as provisional. Ordered accordingly. Copy of this order be sent to both counsel today itself by email."
email.
5. Respondents, after notice, have filed the written statement and according to them compulsory knowledge of local language anguage is necess necessary. Rules and the Advertisement published provide he candidate should have studied the local language up to 10th that the standard [as ccompulsory ompulsory or elective subjects].
subjects] Local Language in case of Bihar is Hindi and as applicant is not eligible as she has not studied Hindi in Matriculation Matriculation, however, as per ad-interim directions of the Tribunal her application for provisional candidature has been accepted.
6. Learned counsel Mr. Jayant Kumar Karn Advocate, appearing for applicant, urged that the contention of respondent that it is mandatory that Hindi ought to be a subject in Matriculation is arbitrary and being illogical & incorrect cannot be accepted. He did submit that the condition of Hindi as a subject in Matriculation necessarily necessarily, as has been posed by the respondents, is also not the spirit of recruitment R 'the candidate Rules.. He did contend that this text 'the should have studied the local language (Hindi in present case) at-- least up to 10th standard' cannot be construed construe to mean that the he candidate must have studied Hindi in 10th Standard and a candidate who has studied Hindi in 8th class and had also studied in intermediate he cannot be barred under this Rule.
// 4 // OA/050/00282/2021
7. Mr. Karn also submits that contention as has been raised by the respondent in this case was also raised by them in OA No.539/2011 but was not accepted by the Tribunal. He referred the decision dated 14/10/2014 passed in OA No.539/2011 and added that this decision was challenged by the respondents in CWJC No.9001/2015 but the CWJC was also dismissed. He concluded his submissions stating that case in hand is covered by the decision passed in OA No.539/2011, which has been upheld by Hon'ble High Court as well and urged to allow the OA.
8. Learned counsel for respondents do submit that Rules provides rovides that candidate should be Matriculate and have st studied Hindi in Matriculation as a subject and admittedly Hindi was not the subject of applicant in Matriculation and therefore she is not eligible. When his attention was drawn to the order passed in OA No.539/2011, an Annexure to the OA OA, he urged to pass appropriate order.
9. Considered the rival submissions advanced. It transpires during arguments arguments, as informed at Bar, Bar that selection for Haraji B.O. for which applicant did apply has been held up by the respondents.
10. Educational ducational qualification required for the post post of GDS, as per RR, quoted by the respondents in paragraph- V of the Notification otification issued on 27.04.2021, is as under:-
under:
(i) Secondary School Examination pass certificate of 10th standard with passing marks in Mathematics, local language and English (having been studied as compulsory or elective subject) conducted by any recognized Board of School Education by the Government of India/State Governments/ Union Territories in India shall hall be a mandatory educational qualification for all approved categories of Gramin // 5 // OA/050/00282/2021 Dak Sevaks (Referred to in Directorate Order No.17-
No.17 31/2016-GDS GDS dated 25.06.2018).
(ii) Compulsory knowledge of Local Language The candidate should have studied the local language at least up to 10th standard [as compulsory or elective subjects] as declared by the State Government or as per constitutional provisions relating to the 8th schedule of Constitution of India. List of Official languages of the state are shown below:-..."
belo
11. The appointment/recruitment pertains to the State of Bihar and as such the term local language used means local language of Bihar, which indisputably is Hindi. Candidate as per above quoted criteria needs to have the knowledge of Hindi and should have studied the Hindi at least up to 10th standard as compulsory or elective subjects. The import of this clause 'that that the candidate should have studied the Hindi at least up to 10th standard as compulsory or elective subjects' appears to ascertain this fact that he has knowledge of Hindi subjects but whether this clause can be interpreted that he must have studied Hindi as a subject in10 th standard ?
12. Words 'at least up to 10th standard' if is interpreted liberally & constructively, vis a vis, the intent to be achieved 'Compulsory Language'; it can be said its import is Compulsory knowledge of Local Language study of Local Language up to standard not below 10th standard. Applicant has studied Hindi up to 8th class, have studied Sanskrit in 9th & 10th Standard and then Hindi in 12th class and therefore she cannot be said not to have the knowledge of Hindi and as per existing Rule also she cannot be debarred treating as ineligible on this count.
13. Further as submitted by counsel of applicant and submitte submitted rightly,, the case in hand is covered by ratio-decidendi ratio endi of // 6 // OA/050/00282/2021 judgment dated 22/10.2014 rendered by this Tribunal in OA No.539/2011. Applicant pplicant of OA No.539/2011 did apply for the post of Postal al Assistant/Sorting Assistant. He has not studied Hindi in Matriculation but had studied Hindi up to 8th class, in 10th Standard Matric and he did graduation in Hindi whereas he has not opted Hindi as his subject but opted Sanskrit in matriculation.
matriculation. On same ground, as is in case in han hand, d, applicant of OA No.539/2011 was also not considered eligible by the respondents but the Tribunal after detail discussion allowed the OA and directed the respondents to issue appointment letter to applicant of OA No.539/2011.
14. While deciding the OA No.539/2011 this Tribunal observed and laid down as under:-
"4-----We We fail to appreciate the logic of the Postal Department that when a person in Graduate level is having Hindi as a subject, how she will be disqualified for not having the subject during Matriculation. That apart, since Sanskrit Sans is the mother language of all the languages of Indian origin and as the script of Hindi and Sanskrit being one and the same, a person having a Sanskrit course cannot be denied a job merely because she has no certificate of Hindi. It may not be out of place to mention here that a person having certificate in Sanskrit is more proficient in writing and understanding Hindi than a person having simple Hindi certificate. A person knowing Hindi may not speak and write in Sanskrit but the vice- vice versa is possible.
le. A person well versed in Sanskrit can efficiently speak and write Hindi. So the very purpose of recruitment to give appointment to persons well versed in local language can be redressed if a person is having a subject of Sanskrit in Secondary and Sr. Secondary Se level. So, the very rejection of the applicant on technical ground since does not stick to logic and good conscience, we feel it expedient to rectify to same in the larger interest of justice and equity. Even considering on the same standard of Postaltal Department, a person having // 7 // OA/050/00282/2021 Hindi as a composition subject in B.Sc. level cannot be debarred of appointment merely because he or she had no subject of Hindi in Matriculation or Intermediate level. Since the rejection of the applicant was unjustified, we w feel it expedient to set-aside aside the same. Hence, ordered."
15. Order of the Tribunal passed in OA No.539/2011 has since attained finality, it was challenged by the respondents of the OA in CWJC No.9001/2015 on the file of Hon'ble High Court but their CWJC was also dismissed.
16. In view of legal & factual scenario,, discussed above, Respondents are directed to not disqualify or treat the applicant as ineligible on the ground of non study of Hindi as a subject in Matriculation Matriculation, she be treated eligible provided she fulfill all other requisite qualification qualification. Respondents may proceed further with the selection process and finalize the same, if it has been held up only because of pendency of this OA.
17. To the extent, directed above, the OA is allowed. Pending MA also stand disposed of in terms of order passed in the OA. No order as to cost.
Sd/- Sd/-
[Sunil Kumar Sinha] [M.C. Verma]
Member [A] Member [J]
sks/-