UNION OF INDIA Vs. VIJAY PAL SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of the Division Bench of the Delhi High Court dated 16th December, 2005 in Writ Petition No. 13363 of 2005. The High Court vide impugned order directed that the petitioner in the writ petition should be reinstated and join by 1st January, 2006. It further directed that he should pass the matriculation examination on or before 1st August, 2008.

(2.) The necessary facts are that the respondent before us had joined the Central Reserve Police Force on 29th may, 1991. He had passed the examination and obtained the certificate of 'Prathama 'on the basis of which he was selected and appointed on the said post.

(3.) The Government of India had issued a Notification dated 6.5.1960 in terms thereof the persons holding the 'Prathama' certificate were treated to be equivalent to matric. This Notification was clarified vide another Notification dated 18th January, 1992 that passing of the examination of Prathama was equivalent to matric only for Hindi and not as a cumulative qualifying examination for matriculation as no other subjects like English etc. were taught. It is on this basis that the competent authority took action against the respondent. He was ordered to be dismissed after holding the departmental inquiry vide Order dated 5th October, 2004. The correctness of this order was questioned in the writ petition before the Division Bench of the High Court.