JUDGMENT
Arun Tandon, J.
1. Heard Shri Ashok Khare, Senior Advocate assisted by Shri A.K. Srivastava on behalf of the petitioner. Standing Counsel on behalf of the respondents.
2. Petitioner who had to his credit a certificate of Madhyma Visharad from Hindi Sahitya Sammelan, Allahabad was offered compassionate appointment on the post of Junior Clerk due to death of his mother, during harness, in the pay scale of Rs. 950-1500 under orders of the Chief Medical Officer, Pilibhit dated 20.9.1991. The appointment so offered to the petitioner was cancelled under an order dated 9.3.1992 with the finding that in accordance with the service rules applicable, the minimum educational qualifications prescribed for the post of Junior Clerk, was intermediate examination conducted by the Madhyamic Shiksha Parishad, U.P. or any other examination declared equivalent to the same by the Governor of the State. Since the Madhyma Visharad certificate has not been so declared as equivalent, the petitioner is not possessed of the prescribed minimum qualification. This order dated 9.3.1992 has been challenged by means of this writ petition. This Court on 27.4.1992 passed an interim order in favour of the petitioner, as a result whereof the petitioner has been continuously working as Junior Clerk in the office of the respondents for last more than 14 years without any brreak.
3. The controversy in the facts and circumstances of the present case is confined to the issue as to whether the certificate of Madhyma Visharad obtained by the petitioner from Hindi Sahitya Sammelan satisfies the minimum academic qualifications prescribed for appointment on the post of Junior Clerk. As provided for under the Adhinasth Karyalaya Lipik Vargiya Karmcharivarg (Seedhi Bharti) Niyamavali, 1985 or not. Hindi Sahitya Sammelan has been established under the Hindi Sahitya Sammelan Act, 1962 and Section 22 of the University Grants Commission recognises a right in the said Hindi Sahitya Sammelan to award degrees. As a matter of fact University Grants Commission has notified certain degrees awarded by Hindi Sahitya Sammelan vide notification dated 21.8.2003. However, on record there are various government orders issued by the Central Government recognising the certificate for the purposes of appointment in government service, reference (Notification dated 26.7.2001 Annexure-3 to Rejoinder Affidavit and Notification dated 16.9.1990 Annexure-5 to Rejoinder Affidavit). However, it may be noticed that Government of India had appended a note which reads as follows :
The recognition recorded above is not to be treated equivalent to the full fledged certificate/degree for which it has been equated (Annexure-6 to the Writ Petition).
4. The controversy as to whether the certificate possessed by the petitioner is equivalent to that of intermediate examination conducted by the Madhyamik Shiksha Parishad or not does not require any further consideration in the facts of the present writ petition inasmuch as Rule 9 of the Niyamavali of 1985 prescribes the minimum academic qualifications for appointment by direct recruitment on the post of Junior Clerk as follows :
Rule 9:- Shaikshik Ahartayen
Seedhi Bharti Ke Liye Avasyak Hai Ki Abhyarthi Ne Madhyamic Shiksha Parishad, Uttar Pradesh Ki Intermediate Pariksha Ya Rajyapal Dwara Uske Samkaksh Ghoshit Koi Anya Pariksha Uttirn Ki Ho.”
5. Thus under the service rules the minimum educational qualification prescribed is the intermediate examination conducted by the Madhyamik Shiksha Parishad or any equivalent examination declared as such by the Governor of the State.
6. The petitioner has not been able to bring on record any document for establishing that the certificate possessed by the petitioner from the Hindi Sahitya Sammelan was ever recognised as equivalent to intermediate examination by the Governor of the State. All the documents brought on record by the petitioner issued by the Central Government or any of the authority are of no consequence for determination of the issue concerned.
7. Strictly speaking, therefore, the petitioner was not possessed of the prescribed minimum qualification for appointment of Junior Clerk on the date he was so appointed.
8. However, this Court cannot loose sight of the fact that during the pendency of the present writ petition the petitioner has passed intermediate examination conducted by the Madhyamik Shiksha Parishad in the year 1999.
9. In such circumstances the essential qualification which the petitioner lacked at the time of appointment is since been acquired by him. It is to be kept in mind that the petitioner has been offered compassionate appointment and it is not a case where the petitioner has participated in the process of selection and, therefore, was ineligible for being considered in the process of selection for the post in question. The petitioner has continued on the post of Junior Clerk for last more than 14 years. Even if the order impugned dated 9.3.1992 is maintained by this Court the result would be that the respondents will have to reconsider the claim of the petitioner for compassionate appointment afresh. Fresh appointment as per the qualifications possessed by the petitioner has to be offered.
10. From the records of the present writ petition this Court is satisfied that the petitioner had not played any fraud for the purposes of seeking appointment on the post of Junior Clerk inasmuch as on record is the letter dated 23.4.1991 forwarded by the C.M.O. Pilibhit, as to whether the certificate of Madhyma Visharad granted by Hindi Sahitya Sammelan, produced by the petitioner is equivalent to that of Intermediate or not. The petitioner had, therefore, disclosed his academic qualification correctly and it was after making necessary enquiry from the D.I.O.S. that he was offered appointment as Junior Clerk.
11. Having regard to the totality of the circumstances as noticed above, it would be too harsh and inequitable to dislodge the petitioner from his present post after more than 14 years of working, appointment whereof was offered on the compassionate grounds. This Court may however, specifically record that this judgment will not be read so as to suggest that the Madhyma Visharad certificate issued by the Hindi Sahitya Sammelan has been declared as equivalent to the Intermediate Examination conducted by Madhyamic Shiksha Parishad, U.P.
12. In view of the aforesaid the order dated 9.3.1992 is hereby quashed. The petitioner shall be permitted to continue on the post of Junior Clerk.
13. Writ petition is allowed.
