Central Administrative Tribunal - Patna
Vinod Kumar vs Postal on 6 April, 2026
1
O.A. No. 050/00591/2017
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CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00591
591/2017
Reserved on: -10.03.2026
Pronounced on:- 06.04.2026
CORAM
HON'BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER [J]
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
Vinod Kumar, S/o Sri Naresh Prasad resident of Village Bhatwabagh, P.O.
Rustampur, P.S. Islampur, District-
District Nalanda
Nalanda.
..........Applicant
Patna
Bench Versus
1. The Union of India, through the Secretary Cum D.G., Department of
POOJA Digitally signed by
KUMARI POOJA KUMARI Posts, Dak Bhawan, New Delhi 110001
110001.
2. The Chief Postmaster General, Bihar Circle Patna
Patna. 800001
3. The Asstt. Director (Recruitment), 0/0 the Chief Postmaster
General, Bihar Circle Patna. 800001.
800001
4. The Superintendent, RMS 'C' Division, Gaya. 823002.
........Respondents
For Applicant:-
Applicant: Mr. Jayant Kumar Karn
Karn, Advocate
For Respondents:-
Respondents: Mr. Radhika Raman
Raman, ld. ASCthrough
through V.C.
mode
ORDER
Per: Mr. Kumar Rajesh Chandra, Member (A):
1. The instant Original Application has been filed by ld. Counsel for the applicant for the following relief:
i. The respondent authorities may be directed to permit the applicant to join his post of Sorting Assistant in RMS 'C' Division Gaya in pursuance to his Order of Selection dated 31.12.2013/01-01-2014, 2014, as contained in Annexure A/1 issued by Superintendent. RMS 'C' benefits in Division Gaya, 2 O.A. No. 050/00591/2017 7 with all consequential terms of identical matter decided by this Tribunal on 19.09.2017 in O.A./050/00070/2016, as contained in Annexure - A/7.
ii. Any other relief reliefs as the applicants are entitled, in the ends of justice.
2. The brief facts of the case, case as delineated in the instant OA, are that the he applicant participated in Selection process against the post of PA/SA conducted by Department of Posts and finally succeeded in the same and was issued issued Letter No PF/Vinod Kumar SA dated ated the 31.12.2013/01 31.12.2013/01-01-2014 2014 by the Superintendent RMS 'C' Division Patna Gaya communicating to him about his provisional selection against Bench the post of Sorting Assistant in RMS 'C' Division, Gaya for the POOJA Digitally signed by KUMARI POOJA KUMARI vacancies year 2011&2012. A photocopy of letter dated 31.12.2013 01.01.2014 is annexed as Annexure - A/1. 31.12.2013\01.01.2014
3. On 15.01.2014, 15.01.2014 the applicant submitted all his Original Certificates/documents Certificates/documents before the Superintendent RMS 'C' Division, Gaya. A photocopy of receipt dated 15.01.2014 is annexed as Annexure - A/2.
4. Ld. Counsel Counsel for the applicant submitted that the applicant has passed Matriculation Examination from Bihar School Examination Board Patna and thereafter passed Upshashtri Examination from Board, Kameshwar Singh Sanskrit University, Darbhanga which is Kameshwar equivalent to Intermediate-10+2.
Intermediate Photocopies of
documents/certificates of applicant for his matriculation
examination are annexed as Annexure - A/3 series and photocopies 3 O.A. No. 050/00591/2017 7 of documents/certificates of applicant for his Upshashtri examination are annexed as Annexure - A/4 series.
5. He further submitted that all all the other candidates were permitted to go for Training at PTC Darbhanga and thereafter have been permitted to join their posts whereas the applicant was denied the same without issuing any orders to the effect effect. The applicant is not being permitted to join his post despite the fact that his pre pre-joining joining formalities medical, etc. have already been done formalities, done. A photocopy of Patna Bench letter dated 15.01.2014 regarding medical examination of applicant POOJA Digitally signed by is annexed as Annexure - A/5. KUMARI POOJA KUMARI
6. The applicant has verbally been inform informed ed by Appointing Authority that his educational Certificates were being verified of their genuineness from Kameshwar Singh Sanskrit University.
Darbhanga. All the Original Certificates documents have been retained by the Department Department till date in their possession.
7. Finally, Finally it came to notice that one of the candidate from the same recruitment selected for Saran Division Division, Chapra namely Punendra Chauhan was issued cancellation of his candidature on the ground of his having passed passed Upshashtri examination from Kameshwar Singh, Darbhanga Sanskrit Vishwavidyalaya Darbhanga Darbhanga. The said Punendra Chauhan challenged cancellati cancellation on of his selection before this Tribunal which remained pending here here.
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8. As nо nо such cancellation order has been issued to applicant he remained waiting upon consideration and decision of departmental authority on his candidature.
9. He also submitted that on on 11/09/2017 11/09/2017, the applicant submitted application before the Superintendent RM RMS S 'U' Division, requesting his posting to avoid his hardship.. A photocopy of application of applicant dated 11.09.2017 11.09.2017 is annexed as Annexure A A-6.
10. Now on 19.09.2017, Ο.Α./050/00070/2016 (the case of Sri Patna Bench Punendra unendra Chauhan) has been decided by this Tribunal directing the POOJA Digitally signed by respondents to consider the candidature of the applicant for KUMARI POOJA KUMARI selection and appointment to the post of Postal Assistant Assistant. A photocopy of order dated 19.09.2017 is annexed as Annexure A/7.
11.He also submitted that Upshastri Examination has been declared eclared equivalent to Intermediate 10+2 and hundreds of persons are employed in Department of Posts on the basis of Certificates of Kameshwar Sanskrit University, University Darbhanga that is recognized by University Grants Commission (U.G.C.). The applicant has been put to all kinds of trouble, harassment financial loss, besides humiliation, in a manner just unknown to law. Hence, the instant Application.
12. Ld. Counsel for the applicant has taken the following ground grounds:
i. The action of respondent aauthorities rities is illegal and arbitrary as the applicant is being denied joining and posting after his selection on an incorrect foundation. This is perfect example of discrimination.5
O.A. No. 050/00591/2017 7 ii. The applicant has passed Matriculation Examination from Bihar School Examination Board Board, Patna and thereafter passed Upshashtri Examination from Kameshwar Singh Sanskrit University, Darbhanga which is equivalent to Intermediate 10+2.
iii. The Upshastri Examination conducted by Kameshwar shwar Singh Sanskrit University, Darbhanga is equivalent to Intermediate 10+2 and hundreds of persons are employed in Department of Posts on the basis of Certificates of Kameshwar Sanskrit University, Darbhanga.
iv. The he action of respondent au authorities in not permitting the Patna applicant to join his post of Sorting Assistant in RMS 'C' Bench Division, Gaya is erroneous and is contrary to the terms of POOJA Digitally signed by departmental rules /instructions. KUMARI POOJA KUMARI v. Theorder passed by this Tribunal on 19.09.2017, in Ο.Α./050/00070/2016 directing the respondents to consider the candidature of the applicant, having Upshashtri qualification for selection and appointment to the post of Postal Assistant is also applicable to his case case.
13. Mr. Radhika Raman,, ld. ASC, appeared for the respondents, through video conference mode and opposed the prayer made by ld.
counsel for the applicant.
14. Ld. ASC has filed the written statement in which it was stated that all other candidates were permitted to proceed on trai training ning at PTC, Darbhanga and thereafter, thereafter have been permitted to join their post.
However, the the applicant was not permitted to proceed on training at PTC Darbhanga for want want of clarification of his Ups Upshashtri hashtri qualification to be treated as an equivalent qualification of 10+2 +2 or Intermediate degree.
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15. Ld. Counsel for the applicant has not filed any rejoinder. Per contra, he,, during the course of argument, stated that written statement has been filed on 30.01.2018. More than eight (08) years has been passed however, the respondents has not given any clarification regarding the Upshashtri qualification of the applicant applicant.
16. Ld. ASC for respondents is not in a position to clarify whether Upshashtri qualification is recognized as an equivalent certificate Patna Bench to Intermediate/10+2 Intermediate/10 2 Examination or not even after eight years of POOJA Digitally signed by filing his W.S. wherein they have stated that they will clarify. KUMARI POOJA KUMARI They have never made a categorical statement that it is not equivalent. He is also also not in a position to clarify whether the order of this Tribunal passed on 19.09.2017, in Ο.Α./050/00070/2016 directing the respondents to consider the candidature of the applicant Punendra Chauhan holding similar qualification of Upshashtri has been complied lied with or challenged before any superior judicial forum. He is of no assistance to this bench in the matter of adjudication of the present OA as his knowledge is limited to the W.S. filed eight years ago and thus outdated. He is not prepared to answer any any such logical supplementary questions.
17. After hearing the learned counsel for both parties and upon careful consideration of the pleadings, documents, and arguments placed on record, as well as a thorough examination of the issues that aros arosee 7 O.A. No. 050/00591/2017 7 in the Original Application, we have arrived at the following conclusion:
i. The applicant, namely Sri Vinod Kumar, was provisionally selected for the post of Sorting Assistant (SA) in RMS 'C' Division, Gaya for the vacancy years 2011 2011-2012 2012 and received a selection letter letter dated 31.12.2013/01.01.2014. He submitted all original certificates on 15.01.2014 and completed pre pre-joining joining formalities, including medical examination. Patna Bench ii. The applicant holds Matriculation from Bihar School POOJA Digitally signed by Examination Board and Upshashtri from Kameshwar war Singh KUMARI POOJA KUMARI Sanskrit University, Darbhanga, which is claimed to be equivalent to Intermediate (10+2).
iii. While other selected candidates were sent for training and appointed, the applicant was not allowed to join. The department retained his original documents and stated that his educational certificates were under verification. No formal cancellation order was issued to him.
iv. The applicant contends that Upshashtri is recognized as equivalent to Intermediate and that many candidates with the same qualification are are already employed in the Department of Posts.
v. For this, ld. counsel for applicant relies upon order dated 23.11.2017 passed by this Tribunal in O.A. No. 764 of 2015 case titled, Monu Alam vs. Union of India & Ors. in which the issue 8 O.A. No. 050/00591/2017 7 has already been adjudicated in detail. The relevant paragraphs of that O.A. is as under:
".....7. In the present case, the controversy required to be adjudicated by this Tribunal for the limited purpose i.e. whether the equivalent educational qualification possessed by the applicant fulfill the requirement of the conditions stipulated in the advertisement published by the respondents for filling up the vacancy for the post of Postal Assistant/Sorting Assistan Assistant.
It is appropriate to take notice of the law laid down by the Hon'ble Apex Court in the case of Prakash Chand Meena and Patna others Vs. State of Rajasthan and others (reported in 2015 (8) Bench SCC 484; the Hon'ble Apex Court held as under ::- POOJA Digitally signed by "In the matter of eligibility ligibility qualification, the equivalent KUMARI POOJA KUMARI qualification must be recognised as such in the recruitment rules or government order exiting on or before the imitation of recruitment process"
8. In the present case, the record reveals that the applicant has passed the Intermediate "Upashastri" examijnation from Kameshwar Singh, Darbhanga Sanskrit Vishwavidyalaya, Darbhang (Bihar), the said University is duly recognised University by the U.G.C. (University Grant Commission) and the "Upashastri" examination of the said University has been declared equivalent to the Intermediate examination and valid for public employment by the Government of India, Ministry of Personnel, Public Grievances and Pension Department by its O.M. No. 14021/3/97-Estt.(D), Estt.(D), dated 04.5.1 04.5.1998.
In view of above stated facts of the pr present esent case which is not controverted ted by the respondent and also considering the law laid down by the Hon'ble Apex Court in the case of Prakash Chandra Meena Vs State of Rajsthan and others (supra), the decision of the respondents dated 28.05.2015 impugned herein is not sustainable in eye of law. It is not proper on the part of respondent Postal Department to act contrary to the GOI 9 O.A. No. 050/00591/2017 7 directions. The "Upashastri" examination of the K.S.D. Sanskrit Vishwavidyalaya, Darbhanga, has been recognised by the Government of India long back in the year 1998 and till date it is in existence . Admittedly, the order of reorganization of GOI is prior to publication of advertisement (before the initiation of recruitment process in the present case) issued by the respondent for the filling up vacancies for the post of Postal Assistant and Sorting Assistant, therefore, the reasons stated in the impugned order for denial of the appointment to the applicant on the ground that the rul rules es 2011 of the Postal Department does not have any provision to consider equivalent Patna educational qualification for the purpose of fulfillment of Bench requisite conditions, the said reason of the respondent authority POOJA Digitally signed by is totally contradictory to the GOI order/O.M. The impugned KUMARI POOJA KUMARI order passed by the respondents is erroneous. In conclusion, we set aside the impugned order dated 28.5.2015 and direct the Chief Postmaster General, Bihar Circle, Patna and Senior Superintendent of Post Offices, Saran Division, Chapra (Bihar) to consider the candidature of the applicant for selection and appointment to the post of Postal Assistant in view of aforesaid discussion and take appropriate decision within four weeks from the date of receipt/communication of this order. Accord Accordingly, ingly, the O.A is allowed with no order as to costs."
vi. In view of the above facts and circumstances and the orderr dated 23.11.2017 passed by this Tribunal in O.A. No. 764 of 2015 case titled, Monu Alam vs. Union of India & Ors.
Ors., wherein the Upshashtri qualification of Kameshwar Singh Sanskrit University, Darbhanga has already been recognized as equivalent to Intermediate (10+2) for public employment, the denial of joining to the applicant despite his provisional selection and 10 O.A. No. 050/00591/2017 7 completion of pre pre-joining formalities ormalities appears unjustified.
Accordingly, the respondents are directed to consider the candidature of the applicant for appointment to the post of Sorting Assistant in accordance with law and the aforesaid order dated 23.11.2017 within a period of three months from the receipt of a 23.11.2017, copy of this order.
order vii. Accordingly, the Original Application is allowed in the aforesaid term term.
Patna viii. No order as to costs.
Bench
POOJA Digitally signed by
KUMARI POOJA KUMARI
(Kumar Rajesh Chandra) (Narendra Kumar Johari)
Member (A) Member (J)
pk/-