Central Administrative Tribunal - Jaipur
Kalu Ram Meena vs Union Of India on 25 July, 2012
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, JAIPUR BENCH Jaipur, this the 25th day of July, 2012 Original Application No.77/2011 CORAM: HONBLE MR. JUSTICE K.S.RATHORE, MEMBER (JUDL.) HONBLE MR. ANIL KUMAR, MEMBER (ADMV.) Kalu Ram Meena s/o Shri Narayan Lal Meena, r/o village Ram Bas, Post Titarwara Kalan, Tehsil Dausa, District Dausa. .. Applicant (By Advocate: Shri Rajesh Chaturvedi) Versus 1. Union of India through its Secretary to the Govt. of India Department of Posts, Dak Bahwan,Sansad Marg, New Delhi, 2. The Chief Post Master General, Rajasthan Circle, Jaipur. 3. The Superintendent of Post Offices, Jaipur Rural Division, Jaipur 4. Shri Indraj Meena s/o Shri Ram Swaroop Meena, r/o VPO Gandrawa, Via Bhandarej, Tehsil Sikrai, Distt. Dausa. .. Respondents (By Advocate: Shri Mukesh Agarwal) ORDER (ORAL)
The present OA is directed against the memo dated 18.2.2011 (Ann.A/1) by which respondent No.4 Shri Indraj Meena was offered appointment as Gramin Dak Sevak Branch Post Master (GDSBPM), Badoli and the said appointment was denied to the applicant.
2. The case of the applicant is that respondent No.4 is having lesser percentage of marks than the applicant in the Secondary School Examination and he is resident of Village Gandrava, which does not fall within the circulation area of the Post Office of Badoli, therefore, he could not have been approved for selection on the post of GDSBPM, Gandrava.
3. Aggrieved and dis-satisfied with the non-selection on the post of GDSBPM, Badoli, the applicant also represented vide his representation dated 23.2.2011.
4. On the contrary, the respondents in their reply have submitted that the applicant passed 10th Class examination Adeeb from Jamia Urdu Aligarh, which does find place in the list of recognized Boards of school education published by the Council of Boards of School Education in India, New Delhi. (Ann.R/1) and since the qualification acquired by the applicant from the Jamia Urdu Aligarh, is not recognized, therefore, the applicant was denied appointment.
5. In rejoinder, the applicant has annexed document Annx. RJ/2 issued by the Board of Secondary Education, Rajasthan, Ajmer on 31.7.2002 wherein in clause-6 it is clearly indicated that the qualification acquired by the applicant is only recognized for appointment as Urdu Teacher.
6. Learned counsel appearing for the applicant also referred to letter dated 28th June,1978 (Ann.RJ/1), according to which, the certificate of Adeeb which has been acquired by the applicant is recognized for the purpose of employment to the posts which require knowledge of Urdu of High School/Matriculation standard. The learned counsel appearing for the applicant also referred to guidelines and list of institutions in support of his submissions (Ann.RJ/3).
7. We have carefully perused Ann. RJ/2, according to which after acquiring the aforesaid qualification, the applicant is eligible for the post of Urdu Teacher. Upon perusal of the list of recognized Boards (Ann.R/1) the Jamia Urdu, Aligarh is not a recognized Board, therefore, for want of minimum qualification, the applicant was not selected and the next meritorious candidate i.e. respondent No.4 was selected and appointed on the said post.
8. Further, the applicant has not placed any material on record to show whether he has applied for eligibility certificate from the Board of Secondary Education, Ajmer or not.
9. In SB Civil Writ Petition No. 8864/2011, Sunita Singh and Ors. vs. Board of Secondary Education, Rajasthan, Ajmer the Honble Rajasthan High Court, Jodhpur Bench after following the judgment of the Division Bench in Civil Appeal No.534/2005 decided on 21.1.2006, observed that Jamiya Urdu, Aligarh itself is declared an institution not established either under the orders of the Central Government or State Government or UGC.
9. In view of the aforesaid discussions and the ratio decided by the Honble Rajasthan High Court (supra), we find no illegality in the action of the respondents for not giving appointment to the applicant on the post of GDSBPM, Badoli for want of required educational qualification, and the OA being bereft of merit fails and the same is hereby dismissed with no order as to costs.
(ANIL KUMAR) (JUSTICE K.S.RATHORE) Admv. Member Judl. Member R/