ARUN KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the action of respondent Punjab National Bank, whereby his appointment to the post of Armed Guard, in spite of his selection for the post has been refused on the ground that he did not fulfill the educational qualification as laid down in the advertisement inviting application for such post. Educational qualification, as per the said advertisement, which is Annexure-C to supplementary counter affidavit filed on behalf of the respondents Bank is passed in 10th standard or its equivalent and not studied beyond 12th standard with basic reading/writing knowledge of English. There are certain facts which are not in dispute. The selection for the post of Security Guard was initiated with a communication to the Director General (resettlement), Zila Sainik Board, Ara (Bhojpur) dated 8.11.2011. The said communication contains, inter alia, the eligibility criteria and the process of selection. The selection is based on interview. It is not the case of either side that the said recruitment was open to public, rather it was confined to the ex-servicemen.

(2.) The petitioner was appointed on 19.10.1987 in Indian Army and he retired after completing 22 years of service on 1.11.2009 as Hawildar. Petitioner's case is that he hold Madhyama certificate issued by Bihar Sanskrit Shiksha Board, which is equivalent to Matriculation. Reliance has been placed in this regard upon Annexure-6 issued by the Secretary, Bihar Sanskrit Shiksha Board, as well as a resolution of the Secondary, Primary and Adult Education Department, Government of Bihar taken on 11.1.1999. The grievance of the petitioner is that after his selection, appointment letter was issued on 20.4.2012 but subsequently he was not permitted to join and by the impugned letter dated 14.7.2012, it has been communicated that the petitioner has been declared disqualified for selection as the Madhyama examination conducted by the Bihar Sanskrit Shiksha Board is not recognized by Ministry of Human Resources Department, Government of India.

(3.) Counter affidavit has been filed on behalf of the respondents contending therein that had the petitioner passed the Matriculation examination from one of the Boards recognized by the Council of Boards of Schools Education in India, he could have been appointed on the basis of equivalence of qualification as per the advertisement/letter dated 8.11.2011 (Annexure-C). It has been contended in the counter affidavit that the Madhyama examination held by Bihar Sanskrit Shiksha Board is not recognized by the Councils of Boards of School Education in India and, therefore, Madhyama certificate held by the petitioner cannot be treated to be equivalent as per the said advertisement dated 8.11.2011.