MAMTA PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) INSTANT writ petition under Article 226 of the Constitution of India has been preferred against the judgment and order dated 4.11.2003 passed in Original Application No. 559 of 2002 by the Central Administrative Tribunal, Lucknow Bench, Lucknow ( in short hereinafter referred as Tribunal). The tribunal had allowed the Original Application preferred by respondent no. 4 challenging the petitioner's appointment on the post of Branch Post Master (in short hereinafter referred as BPM) being not holding requisite qualification.

(2.) FEELING aggrieved the petitioner has approached this court. Respondents invited applications for appointment on the post of BPM in Post Office Nanemau, District Sultanpur, U.P. The post of Gramin Dak Sevak Branch Post Master, Branch Nanemau District Sultanpur, U.P. fell vacant on 1.10.2001 on account of superannuation of earlier BPM. The vacancy was notified and circulated on 28.3.2002 by the Office of Superintendent of Post Office District Sultanpur U.P. While advertising the vacancy the eligibility qualification provided was High School or equivalent. The petitioner and the claimant respondent no. 4 applied in pursuance to notification dated 28.3.2002. The petitioner was selected and appointed on the post of BPM on 1.8.2002 and joined on 7.8.2002. Feeling aggrieved with the petitioner's appointment and after raising cause before the authorities, respondents no. 4 had preferred the Original Application before the Tribunal. The main question that cropped up before the Tribunal was whether the petitioner fulfill requisite qualification in terms of advertisement and rules for the post of BPM.? Admittedly, the petitioner has not passed High School from the High School Board of the State of U.P. but she has passed Poorva Madhyama from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. State of U.P. issued academic notification provided therein that Poorva Madhyama with English as well as Poorva Madhyama without English shall be equivalent to High School.

(3.) SO far as argument advanced by learned counsel for the petitioner is concerned it is not disputed that petitioner had passed Poorva Madhyama without English (being failed in English). The brochure filed as Annexure -10 published by Sampurnanand Sanskrit Vishwavidyalaya, Varanasi contains extract of orders issued by Government which reveals that Poorva Madhyama with English shall be equivalent to High School examination regulated by U.P. Madhyamik Shiksha Parishad. The same brochure also provides that Poorva Madhyama without English shall also be equivalent to High School without attracting the U.P. Madhyamik Shiksha Parishad.