RAM NIWAS Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner had passed his Senior Secondary Certificate Examination Part-II in 1993 from the Punjab School Education Board. According to the petitioner, this examination is held after two years of passing the matriculation examination. It is also known as 10+2 examination. After matriculation, the first part of Senior Secondary Certificate Examination is held by the School authorities whereas second part is held by an Examination Body and in this case it is the Punjab School Education Board.

(2.) For the purpose of promotion to the rank of Ziledar, as per the statutory rules, the person has to be intermediate or possess any equivalent qualification. The petitioners case was not considered for promotion to the rank of Ziledar in the year 1995 solely on the ground that he did not have Intermediate qualification or its equivalent.

(3.) The question that calls for determination in this case is whether qualification I of 10+2 is equivalent to Intermediate ? It may be observed here that previously the system was that a person would pass matriculation and after two years, he would take Intermediate examination and thereafter would join course of B.A., B.Sc. as the case may be, which was of two years duration. Now the system is that after matriculation, a candidate does higher secondary or senior secondary by putting in two years of education after matriculation and after passing the 10+2 examination (senior secondary) is entitled to get admission in B.A. course which is of three years duration. Now the question arises as to whether a person who has done Intermediate in the old system and not 10+2 is entitled to admission in the B.A. course now in vogue in the various Universities ? Learned counsel for the petitioner drew our attention to a certificate issued by the Punjab University which is appended as annexure P/8, in which it is mentioned that a person who has done Intermediate course with English as one of the subjects is eligible to join B.A. course in Colleges affiliated to Punjab University. It has further been mentioned that a person who has done 10+2 examination can also join the B.A. course. This would indicate that intermediate has been treated equivalent to 10+2 by the Punjab University. Similarly a certificate has been issued by the Kurukshetra University which has been appended as annexure P/9 in which it is mentioned that earlier Intermediate examination with English as one of the subjects of other Universities/Boards in India is equivalent to +2 examination of other Universities/ Boards etc. This would also indicate that 10+2 examination has been considered equivalent to Intermediate. No other document has been filed in rebuttal by the respondents. For such equivalence in educational qualification, we can rely on the equivalence as suggested by the education bodies like the Universities. The Universities are treating the old intermediate examination equivalent to 10+2 and there is no reason as to why the respondents should not consider the petitioner to be duly qualified for consideration for the post of Ziledar, being 10+2 which according to j us is equivalent to Intermediate.