KAMLESH MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is widow of Late Shri Vishnu Kumar Mathur. Said Vishnu Kumar Mathur (here-in-after called deceased husband) was serving in the Commercial Taxes Department as Clerk and after serving about 20 years had expired on 6. 7. 1998. THE petitioner being dependent of the deceased husband had applied for appointment under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short the Rules) attaching therein all the necessary documents including educational documents. THE petitioner has passed Higher Secondary Part I Examination in the year 1970 from the Board of Secondary Education, Rajasthan, Ajmer vide certificate Annexure-2. She had also attached a letter Annexure-3 issued by the State of Rajasthan providing that the Ist year of two years Higher Secondary Course is equivalent to Matriculation Examination. THE respondent issued an appointment letter dated 30. 11. 1998 in favour of the petitioner with the condition that the petitioner was required to pass typing test within three years for entitlement for confirmation failing which her appointment shall be liable to be terminated. Annexure-4 is the letter of appointment to the post of LDC in the scale of Rs. 3050-4590. Condition was imposed that she will have to pass typing test and till then she will not be entitled to any increment. She was once again directed to produce birth certificate and the educational qualification certificate. On 6. 3. 1999, she was asked to explain that how could she pass Higher Secondary Part I Examination without passing the Secondary School Examination. Vide letter Annexure-6, she had replied to the letter Annexure-5 that during the year 1970 there was a provision for appearing in Higher Secondary Examination Part I without appearing in Secondary School Examination. It may be stated that the Secondary School Examination is called the Xth Class or Matriculation and the Higher Secondary Examination is of the duration of two years and is called 10+2, however, the petitioner had passed Higher Secondary Examination-Part I only i. e. upto class XIth. Vide the impugned order Annexure-7 she was informed that her appointment letter was kept in abeyance as she was not able to produce the required certificate. Being aggrieved, the petitioner issued a notice for demand and ultimately filed the present writ petition.

(2.) IT is the submission of the petitioner that Higher Secondary Examination Part I is higher than the Secondary Examination and if she had cleared Part I of Higher Secondary Examination, she can be considered to have been qualified the Secondary Examination and for the said proposition relies on instructions issued by the Government in Annexure-3 which reads as under:- "government have decided that success in the annual promotion examination held at the end of penultimate year of the Higher Secondary Course in a recognised Higher Secondary School in the State shall be accepted as an alternative to Matriculation Examination for admission to the examination conducted by the authority for entry into State Services for which Matriculation in the minimum Educational Qualification. "

(3.) IN view of the above-said discussion and reasons, I find merit in the submission of the petitioner and hold that during the time when the petitioner had passed Higher Secondary Examination Part-I, such examination was equivalent to Matriculation Examination (now secondary examination) and as such the petitioner could not have been deprived of her right to hold the post of LDC which post was offered to her but lateron kept in abeyance vide Annex.-7. Annex.-7, is set aside and quashed. The petitioner shall be entitled to continue on the post of LDC as offered to her vide Annex.-4 from the date it was so issued and with all back benefits and consequences.