Central Administrative Tribunal - Patna
Kumar Samdarshi vs Posts on 9 May, 2023
// 1 // OA/050/00009/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00009/2022
050/00
Date of Order:09th May, 2023
CORAM
HON'BLE MR M.C. VERMA,
VERMA MEMBER [J]
HON'BLE MR. SUNIL KUMAR SINHA, MEMBER [A]
Kumar Samdarshi, S/o Late Anand Kumar, resident of Mohalla -
Akharaghat Road, Sheikhpur, Satyabhama Market, P.S. - Ahiyapur,
District - Muzaffarpur. At present employed as ABPM at Gorigama
Branch Post Office in account with Rampur Hari Sub Office undeunderr
Muzaffarpur Postal Division, Muzaffarpur.
.......... 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 Asstt. Director, Recruitment, O/o Chief Postmaster General,
Bihar Circle, Patna - 800001.
4. The Postmaster General, Northern Region, Muzaffarpur 842002.
5. The Sr. Superintendent of Post Offices, Muzaffarpur Division,
Muzaffarpur 842002.
......... Respondents.
By Advocate ::- Shri A.K. Mantu.
O R D E R (O R A L)
M.C. Verma, M[J]
1. 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 he is an employee of GDS cadre in department of posts. That department of posts notified limited Departmental Examination from GDS to Postman/Mail Guard for the vacancy year 2021 vide Notification No.R&E No.R&E-83/PM-MG/Exam/2021 MG/Exam/2021 dated 30/11 2021. That he applied for the said post but has not been recommended to participate for the reason that he has not studied // 2 // OA/050/00009/2022 10th. That he is resident of Bihar, regional language (Hindi) in Class-10 he has studied Hindi in 8th class and Sanskrit was his subject in 10th class whereas in Intermediate his subject was Hindi. That Hindi as a subject in Matriculation has been fixed as criteria for applying for the post in issue and because of this he has not been issued admit card to participate in the Examina Examination. Assailing the criteria of fixing Hindi as a subject in Matriculation as well by denial from participating in the examination, OA has been filed.
3. Needless to say, the OA came for notice hearing on 06.01.2022 and till then date for examination has not expired and vide ad ad-interim order; respondent were directed to allow the applicant to participate in the examination treating his candidature as provisional.
4. Respondents, after notice, have filed the written statement and according to them compulsory knowledge knowledge of local language is necessary. Rules and the Advertisement published provide that the candidate should have studied the local language up to 10th standard [as compulsory or elective subjects]. Local Language in case of Bihar is Hindi and as applica applicant nt is not eligible as he has not studied Hindi in Matriculation, however, as per ad ad-interim interim directions of the Tribunal applicant has been allowed to take the Examination and his candidature is provisional.
5. Learned counsel Mr. Jayant Kumar Karn Advocate, appearing pearing for applicant, urged that the contention of respondent that it is mandatory that Hindi ought to be a subject in Matriculation is // 3 // OA/050/00009/2022 arbitrary and being illogical & incorrect cannot be accepted. He did submit that the condition of Hindi as a subject in Matriculation necessarily, as has been posed by the respondents, is also not the spirit of recruitment Rules. He did contend that that the candidate who have studied Hindi in 8th class and had also studied Hindi in intermediate cannot be barred under the th Rule.
6. Mr. Karan also submits that contention as has been raised by the respondent in this case was also raised by them in OA No.282/202 282/2021 1 but was not accepted by the Tribunal. He referred the decision dated 26/4/2023 passed in OA No.282/2021 No. and added that the case in hand is identical in nature as far legal issue relates & almost similarity of facts with OA No.282/2021 and is covered by various other decision viz. decision passed in OA No.539/2011, which has been upheld by Hon'ble High Court as well well. Hee urged to pass same order as was passed in OA No.282/2021.
7. Learned counsel for respondents do submit that Rules provides that candidate should be Matriculate and have studied Hindi in Matriculation as a subject and admittedly Hindi was not the subject of applicant in Matriculation and therefore he is not eligible. When his attention was drawn to the order passed in OA No. No.282/2021 1 he urged to pass appropriate order admitting that facts & legal issue evolved are almost similar similar.
8. Considered thee submission. In OA No.282/2021 the case of the applicant that an Advertisement for recruit recruitment ment in cadre of GDS was issued and being aspirant for appointment she registered // 4 // OA/050/00009/2022 herself as per instruction given in the advertisement tto o submit her online application but her application cation was not accepted by the system as the column for Hindi in Matriculation cannot be filled up in her case, as per option given in the system. She has studied Hindi in 8th class and Sanskrit was her subject in 9th 10th class whereas in Intermediate her subject was Hindi. She assailing assailing the criteria of fixing Hindi as a subject in Matriculation as well as non acceptance of her application, 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 did prefer OA No. 282/2021. This his Tribunal after taking note of factual and legal aspects erupted in OA No. 282/2021 observed in its decision, dated 26/04/ 2023, as under:-
" 10. Educational qualification required for the post of GDS, as per RR, quoted by the respondents in paragraph paragraph- V of the Notification issued on 27.04.2021, is as under:
under:-
(i) Secondary School Examination pass certificate ce 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 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:-..."
..."
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 // 5 // OA/050/00009/2022 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 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 but whether this clause can be interpreted that he must have studied Hindi as a subject in10th standard ?
12. Words 'at least up to 10th standard' if is interpreted liberally & constructively, vis a vis, the intent to be be achieved Language'; it can be said its 'Compulsory knowledge of Local Language'; import is 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 submitted rightly, the case in hand is covered by ratio-decidendi ratio decidendi of judgment dated 22/10.2014 rendered by this Tribunal in OA No.539/2011. Applicant of OA No.539/2011 did apply for the post of Postal Assistant/Sorting Assistant. He has not studied n Matriculation but had studied Hindi up to 8th class, in Hindi in 10th Standard and he did graduation in Hindi whereas he has not opted Hindi as his subject but opted Sanskrit in matriculation. On same ground, as is in case in hand, 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:-
// 6 // OA/050/00009/2022
"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-versa vice is possible.
e. 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 Sec 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 Postal al Department, a person having 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 feel it expedient to set- aside the same. Hence, ordered."
15.Order 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.
9. Observing as above this Tribunal in OA No.282/2021 did direct the respondent of OA No. 282.2021 to not disqualify or treat the applicant as ineligible on the ground of non study of Hindi as a subject in Matriculation, she be treated eligible provided she fulfill all other requisite qualification.
10. Taking note te of entirety, respondents of this OA are also lso directed to not disqualify or treat the applicant as ineligible on the ground of non study of Hindi as a subject in Matriculation, he be // 7 // OA/050/00009/2022 treated eligible provided he fulfill all other requisite qualification.
Respondents may proceed further with the se selection lection process and finalize the same, if it has been held up only because of pendency of this OA.
11. With said direction, the OA stands disposed of.
Sd/- Sd/-
[Sunil Kumar Sinha] [M.C. Verma]
Member [A] Member [J]
sks/-