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18. It was thus submitted on behalf of the respondent that there is no such rule of universal applicability that if a person had acquired higher qualification in the same subject, such qualification can certainly be stated to presuppose the acquisition of the lower qualification prescribed as a proposition of universal application.

19. Reliance was also placed on behalf of the respondents on the verdict of this Court in Bhawna Singh vs. Govt. of NCT of Delhi and Ors. 103 (2003) DLT 155 wherein it was held that the candidate who had not studied Hindi at the secondary or senior secondary level and had studied Hindi as a subsidiary subject while doing B.A. (Hons.) in English, candidate could not be stated to have acquired the requisite qualification. It was also submitted on behalf of the respondents that a candidate must possess the statutory prescribed qualification and the said prescription is in the preserve of the executive and in particular of the experts who determine such requirements and that the laws ordinarily decline to interfere with such determination. Reliance was also placed on behalf of the respondents on the verdict of the Supreme Court in State of Punjab Vs. Anita (2015) 2 SCC 170 to similar effect. It has further been submitted on behalf of the respondents that the prescribed qualification in the instant case required study of a given subject for two years in graduation and study of the same at the post graduation level was not sufficient for engagement. It was submitted by the Department that the observations of this Court in Neelam Rana‟s case (supra) had been adhered to and thus as the petitioner does not fulfill the same, she is entitled to no relief, especially, as the petitioner has not studied English as an elective subject and had only studied the same as a subsidiary and qualifying subject. It was submitted on behalf of the respondents that the writ petition be dismissed as there is no occasion for interference in the verdict of the impugned judgment of the Tribunal.

23. Though, undoubtedly in view of the verdict of Dilip Kumar Ghosh & Ors. vs. Chairman & Ors. (2005) 7 SCC 567, a candidate without a B.Ed. degree was held to be ineligible for the post of primary teacher though there was a superior qualification of M.Ed. available with the said candidate, for the reason that teaching a child at a tender age requires knowledge of child psychology and different teaching techniques rather than teaching an adult and this as laid down in Mahesh Kumar (supra) vide paragraph 18 that over qualification may be contraindicative for some posts, the verdict in the said case does not apply to the facts of the instant case before us. The facts of the instant case are not in pari materia with the facts of the case of Dilip Kumar Ghosh and Ors. (supra) and for a person who has done post graduation in English, he/she has essentially necessary expertise, understanding and knowledge of English, as a graduate would in the said subject. This is so, in as much as, in the facts and circumstances of the instant case the petitioner has studied English in both Standard 10th and 12th and also while doing B.A.(Hons.) in Sociology, English being her subject for one year though not for two years as per the circular dated 15.05.2015 which, however, does not suffice in any manner to bring forth that the petitioner who had the qualification of M.A. in English could not be considered for selection and re-engagement to post of TGT (English) which she had been performing in the SSA during the years 2012-13, 2013-14, 2014-15.

25. The ratio of the above referred verdicts makes it apparent that the petitioner in the present case who had studied English at the Post Graduate level and had studied it as one subject for one year in her B.A.(Hons.) in Sociology and also had studied English earlier and whose services were also availed of for the periods 2012-13, 2013-14, 2014-15, was eligible for being re-engaged to the post of TGT English in Sarv Sikhsha Abhiyan for the year 2015-16. The verdict of the Learned Single Judge of this Court in Yogesh Dutt vs. Directorate of Education & Ors. in W.P. (C) No. 11470/2009; decided on 15.07.2013 is also to the similar effect.