Karnataka High Court
Smt Zareen Taj vs The State Of Karnataka on 30 October, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:38447
WP No. 22078 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 22078 OF 2015 (S-RES)
BETWEEN:
1. SMT ZAREEN TAJ, W/O AJMAL HAMEED,
AGED ABOUT 40 YEARS,
HINDI TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL FOR
MINORITIES, HOLENARASIPURA TOWN
HASSAN DISTRICT-573 211.
R/AT C/O SYED PEER SAHEB,
RETD. HEAD MASTER,
LASHKAR MOHALLA,
OPP: KORMAR STREET,
HOLENARASIPUR, HASSAN DISTRICT-573 211.
...PETITIONER
(BY SRI. VIJAYSIMHA REDDY., ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
PANKAJA S
Location: REPRESENTED BY ITS PRINCIPAL SECRETARY,
HIGH DEPARTMENT OF SOCIAL WELFARE
COURT OF
KARNATAKA M.S.BUILDING, BANGALORE-560 001.
2. THE EXECUTIVE DIRECTOR*
KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY
NO.179, 1ST AND 3RD FLOOR,
"ROOPA COMPLEX",1ST MAIN ROAD,
SESHADRIPURAM, BANGALORE-560 020.
...RESPONDENTS
(BY SRI. NAGAIAH., ADVOCATE FOR R-2;
SRI. B.RAVINDRANATH, AGA FOR R-1)
*Corrected Vide Chamber
Order dated 24/11/2023.
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NC: 2023:KHC:38447
WP No. 22078 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT DATED.18.3.2015 (ANNEXURE-X)
PASSED BY THE R-2 AND ISSUE DIRECTION TO SELECT THE
PETITIONER FOR THE POST OF TEACHER IN HINDI PURSUANT
TO THE EMPLOYMENT NOTIFICATION DATED.27.4.2011 OF THE
KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS
SOCIETY, ETC.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner was an applicant to the post of a Hindi Teacher. However, she has been refused selection on the ground that she has not studied Kannada as a medium or as one of the languages at the PUC level under the impugned endorsement. The petitioner is, therefore, before this Court challenging the said endorsement.
2. The recruitment notification prescribed the following qualifications to the post of a language Teacher in Hindi:
"D) Language Teacher in Hindi:
1) Must be holder of Bachelor Degree in Arts with Hindi Language as one of the optional subjects from a recognized University Or -3- NC: 2023:KHC:38447 WP No. 22078 of 2015 Any other degree declared by the State Government of Karnataka equivalent to bachelor degree and bachelor of education degree.
And Must be holder of B.Ed Degree with Hindi as one of the methods, from the recognized University Government in its order No.ED160 PTI 2003 dt:24.02.2004 declared the followings as equivalent to Bachelor degree and B.Ed Degree in Hindi Equivalent to Bachelor Institutions Degree in Hindi Hindi Rathna Mysore Hindi Prachar Parishad, Bangalore Raj Bhasha Vidvan Karnataka Hindi Prachar Samiti Bangalore Hindi Bhasha Praveen Karnataka Hindi Seva Samiti, Bangalore Rashtrabhasha Praveen DakshinaBharatha Hindi Prachar Sabha, Madras.
As Per G.O.No.ED 125 PTI 2003 Dated:16.08.2003 following are the equivalent to B.Ed degree in Hind Hindi Shikshak Course Karnataka Mahila Hindi seva samiti, Bangalore Karnataka Hindi Prachar Samiti Bangalore Mysore Hindi Prachar Parishad, Bangalore Manasa Education Society, Tumkur -4- NC: 2023:KHC:38447 WP No. 22078 of 2015 Karnataka Labour Education Society, Bidar Hindi Shiksha Paranghath Government Hindi Teachers Course College Mysore And Must have passed PUC with kannada language as one of the subjects or kannada as medium of instruction.
Hindi Shiksha Paranghath candidates, before joining the course, must have passed PUC by taking Kannada language as one of the subjects or Kannada as medium of instruction.
Candidate must have studied Hindi and another one language as method subjects in the B.Ed equivalent Examination.
And Candidate applying for the post of Hindi teacher with above required qualification. If he has not studied Kannada as one of the languages qualifying examination he must have studied Kannada as one of the language in Pre University Course or SSLC or holder of Diploma in Kannada or passed Kannada Certificate Course (Kava/Jana/Rathna) conducted by Karnataka secondary Education Examination Board/Kannada Sahitya Parishath Bangalore."
3. As could be seen from the above, for the post of a language Teacher in Hindi, the applicant was required to have two basic qualifications i.e., she should be a holder of a Bachelor's Degree in Arts with Hindi language as one of the optional subjects and she must also be a holder of B.Ed. Degree with Hindi as one of the subjects from a recognized University.
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NC: 2023:KHC:38447 WP No. 22078 of 2015
4. However, if a candidate did not possess a Bachelor's Degree in Arts with Hindi language as one of the optional subjects, the courses stated in the notification, which were held to be equivalent as per the Government Order, would be acceptable instead of the educational qualification of a Bachelor's Degree.
5. In respect of the first qualification, i.e., a Bachelor's Degree in Arts, the equivalent degree, as per the Government Order dated 24.02.2004, was admittedly Raj Bhasha Vidvan. It is not in dispute that the petitioner has obtained this Raj Bhasha Vidvan and would therefore, be holding a qualification equivalent to a Bachelor's Degree.
6. However, learned counsel for the respondent contends that this degree of Raj Bhasha Vidvan had been acquired by the petitioner in the year 1995 i.e., prior to the acquisition of her B.Ed. Degree, which was impermissible.
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NC: 2023:KHC:38447 WP No. 22078 of 2015
7. To this objection, it is to be stated here that the Notification did not prescribe the chronology of study required for satisfying the educational qualification. The qualifications prescribed was a Bachelor's Degree in Arts with Hindi language and a B.Ed. Degree with Hindi language as one of the methods or its equivalent course. It was not the requirement of the Notification that the candidates should have first acquired a Bachelor's Degree in Arts and thereafter, a Degree in B.Ed. This objection, therefore, cannot be sustained.
8. As for the second requirement of passing a B.Ed. Degree with Hindi language as one of the methods, the petitioner did not admittedly possess said B.Ed. Degree with Hindi language. However, she did possess the equivalent course as prescribed in the Government Order dated 16.08.2003 i.e., she had acquired Hindi Shikshak course from the Karnataka Mahila Hindi Seva Samithi. It is, therefore, clear that in respect of the requirement of a Bachelor's Degree in Arts and a B.Ed. Degree, the -7- NC: 2023:KHC:38447 WP No. 22078 of 2015 petitioner did possess the equivalent Degrees of Raj Bhasha Vidvan and Hindi Shikshak course.
9. Apart from two educational qualifications, the Notification also prescribed that the candidate must have passed PUC with Kannada language as one of the subjects or Kannada as a medium of instruction. The petitioner did not have Kannada language as one of her subjects in PUC examination. It is to be stated here that in respect of such candidates, the last portion of Clause (d) of the Notification indicates that if the candidates who had not studied Kannada as one of the languages in qualifying examination, he or she must have studied Kannada as one of the languages in PUC or in SSLC or hold a Diploma in Kannada or pass in a Kannada Certificate course would stand attracted. It is not in dispute that the petitioner did study Kannada in SSLC and she, therefore, came within the ambit of the qualifications prescribed for the post of a language Teacher (Hindi).
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NC: 2023:KHC:38447 WP No. 22078 of 2015
10. However, learned counsel for the respondent contends that the petitioner has studied Kannada only as a third language in SSLC and this could be of no significance.
11. It is to be stated here that the Notification did not prescribe Kannada as first or second language and did not mention that if a candidate studied Kannada as third language, the same could not be considered. Since the Notification only prescribed the requirement of a study of Kannada in SSLC, it would really be of no significance whether Kannada was studied as first, second or third language.
12. Learned counsel also contended that the petitioner has studied SSLC in English medium and therefore, it was obvious that she would not be conversant with Kannada.
13. It is to be stated here that the Notification did not stipulate that the candidates who have studied SSLC in Kannada medium alone were eligible to apply. This -9- NC: 2023:KHC:38447 WP No. 22078 of 2015 argument would, therefore, be of no avail. As already stated the only requirement is that Kannada should be studied as one of the languages in SSLC. Since the petitioner has, in fact, studied Kannada in SSLC as one of the subjects, she satisfied the requirement prescribed in the Notification.
14. It is to be noticed here that the petitioner was essentially applying for the post of a language Teacher in Hindi and therefore, fundamentally, her expertise in Hindi was the primary requirement for her to discharge her function as a Hindi Teacher effectively. The requirement of studying Kannada language would only be significant for the purpose of communication and would not have a direct bearing on her ability to impart education in Hindi and therefore, the requirement of having studied Kannada in SSLC will have to be viewed in that perspective.
15. In light of the view taken above, it is clear that the petitioner possessed an equivalent qualification of a Bachelor's Degree in Arts and an equivalent qualification in
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NC: 2023:KHC:38447 WP No. 22078 of 2015 B.Ed. with Hindi as one of the methods as permitted in the Notification and therefore, the rejection of her application vide Annexure-X is illegal and cannot be sustained.
16. Accordingly, the writ petition is allowed and Annexure-X is quashed.
17. It is hereby held that the petitioner possessed the requisite qualification as prescribed in the Notification and she would, therefore, have to be considered for appointment on that basis and necessary orders shall, accordingly, be issued by the Department within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
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