SUMITRA DEVI Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The recruitment to the post, inter alia, of Beldar is governed by the Rules framed by the State Government under Article 309 of the Constitution. Those Rules are called the Himachal Pradesh Horticulture Class -IV Service (Recruitment, Promotion and Certain Conditions of Service) Rules, 1973. Rule 6 specifies the various categories of posts which are comprised in the service and also prescribes the source of recruitment. The source of recruitment is separately prescribed qua each post or group of posts. The posts of Mali, Beldar, Jamadar, Budder and Gardener -cum -Operator are all clubbed together and for all those posts the source is direct recruitment. Rule 7 prescribes the educational and technical qualifications of the candidates for different posts. For the posts of Mali, Beldar, Jamadar, Budder and Gardener -cum -Operator, the following qualifications are prescribed :

(2.) The question of interpretation arises in the context of the word "literate" occurring in Rule 7 which prescribes the qualifications. The word "literate" is derived from the word "literacy". ˜accords J to the New Oxford Illustrated Dictionary, means "ability to read and write. The same Dictionary gives the following meanings of the. word "Literate" "Having some acquaintance with literature, (now usually) able to read and write : Literate person, Man admitted to Anglican orders without University degree." The Websters Third New International Dictionary assigns the following meanings to the words "Literacy" and -Literate" : Literacy : 1. the quality or state of being literate,

(3.) an ability to read a short simple passage and answer questions about it. "Literate": 1 -a - an educated person, b. one who can read and write.