ALLAUDDIN KHILJI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition Is directed against the notice dated 17.05.91 (Annex -5) issued by respondent No. 2 to the petitioner to show causes to why the he should not be dismissed from service for not having requisite educational qualifications for MER Gp in the Army. The next of the show -cause noitice reads as under:

(2.) BRIEFLY stated, the facts are that the petioner was enrolled in the Army Corps of signal under MER category (operator) on 23rd August, 1986. The minimun qualification prescribed for enrolment to the said post is Secondary or High School Examination. The petitioner has passed High Madrasah Examination of the West Bengal Madrasah Education Board in the year 1983. Some time after his enrolment to the service in the Army in the year 1988 an objection was raised by the authorities that the West Bengal Madrasah Board is not recognised by the competent authority and as such the petitioner's enrolment is irregular. The petitioner submitted letter dated 11.01.90 of the Deputy Secretary, Government of West Bengal, Education Department, Calcutta alongwith the resolution of the Education Department, West Bengal dated 02.02.73 claiming that the West Bengal Madrasah Education Board is functioning under the Education Department of the West Bengal Government and the High Madrasah Examination conducted by the said Board is equivalent to the Madhyamik (Secondary) Examination of the West Bengal Board of Secondary Education for all purposes. In their return, the respondents have alleged that the qualification obtained by the petitioner from the West Bengal Madrasah Education Board is not recognised as equivalent to the HighSchool or Higher Secondary Examination by the competent authority and as such his enrolment to the service was made erroneously.

(3.) WHILETRAVERSING the contentions of learned Counsel for the petitioner, learned Counsel for the respondents Union of India and another placed before the Court circular letter No. A/02863/Rtg 5 (OR) (a) dated 19th September, 1978 emanating from That Sena Mukhyalaya, Recruiting Directorate, Adjutant General's Branch, West Block No. 3, R.K. Puram, New Delhi captioned 'RECOGNITION OF EDUCATION QUALIFICATIOs (POLICY LETTER No. 53/78' alongwith the enclosed list 'Appendix -A'. The relevant excerpts of the said circular and its enclosure Appendix -A run as under: