ANIL KUMAR THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this writ petition seeks a writ of certiorari quashing memorandum No.9/1/99-ENR dated 12th April,2001, whereby the respondent no.2 cancelled the candidature of the petitioner. Petitioner in the month of July, 1999, applied for the posts of Junior Hindi Translator pursuant to the advertisement issued by respondent no.2-Staff Selection Commission appearing at Annexure P-1 at pages 12 & 13 of the writ petition. The application of the petitioner was duly entertained. He cleared the proficiency test. However for a period of one year, respondent no.2 did not respond. It was subsequently by the impugned letter/ memorandum dated 12.4.2001, the candidature of the petitioner was cancelled on the ground that he did not possess the requisite educational qualification. It would be relevant to produce the educational qualifications as given in the advertisement. It reads as under:-

(2.) The case of the petitioner is that he completed his B.A. (Hons.) in English from Lalit Narain Mithila University, Darbhanga, Bihar, with Hindi as MIL (Modern Indian Language) in the academic session 1986. Petitioner, therefore,claims that he meets the eligibility condition of educational qualification as per note-I above.

(3.) Respondents have averred in the counter affidavit that petitioner studied Hindi only in first and second years, 100 marks each and it was not his main subject. Petitioner's main subjects in BA First and Second year were English, Philosophy and History of 300 marks each. In third year he studied English (Hons.). Petitioner has been held to be not possessing the requisite qualification for Junior Hindi Translator since he did not study Hindi for 3 years. It is averred that issuance of admission certificate and qualifying the proficiency examination does not confer any right to be appointed in the absence of eligibility. Respondents rely on instructions issued by Government of India, Ministry of Home Affairs, Department of Official Language, appearing at page 73. As per the said instructions, a person who has studied Hindi or English during a part of the Degree Course is not considered eligible to the post of Junior Hindi Translator.