Chandrakala Trivedi Vs.
State of Rajasthan & Ors.
[Civil Appeal No. 400
of 2012 arising out of Special Leave Petition(C) No.19000 of 2009]
J U D G M E N T
We have heard learned
counsel for the parties. This appeal is directed against the impugned judgment and
order dated 19.01.2009 passed in Special Appeal No. 409 of 2008 of the High Court
of Rajasthan. The controversy arises out of the appellant's appointment to the post
of Teacher for primary and upper primary schools. The appellant was provisionally
selected for appointment to the post of Teacher. The educational qualification required
for appointment to the Level(II) Upper Primary Middle School Section is;
(I)Senior Secondary School
Certificate or intermediate or its equivalent; and
(II)Diploma or certificate
in elementary teachers training of duration of not less than two years
OR Bachelor of Elementary
Education (B.E. Ed.) OR Graduate with Bachelor of Education( B.Ed) or its equivalent"
After the appellant was provisionally selected, she received a letter dated 26.09.2007
from the Rajasthan Public Service Commission informing her that provisional selection
has been cancelled as the appellant did not pass the Higher Secondary/Senior Secondary
Examination after passing the Secondary Examination.
The case of the
appellant is that at the time when she passed the Secondary Examination, it was
permissible for a candidate passing the Secondary Examination to get admission in
the higher classes with a preparatory course. The appellant thereafter completed
her graduation from the Indira Gandhi Open University. Then the appellant got her
B.Ed. Degree on a regular basis from Maharishi Dayanand Saraswati University, Ajmer,
The appellant then
also got her M.A degree from the same University. In that view of the matter, learned
counsel for the appellant submits, that the appellant satisfies the criteria of
the required qualification for appointment to the post in question. The case of
the appellant has, however, been dismissed both by the Single Judge and also by
the Division Bench of the High Court, inter alia, on the ground that as the appellant
has not passed the Senior Secondary Examination, which is the basic qualification
for the post in question, the candidature of the appellant cannot be
We fail to appreciate
the aforesaid view taken by the High Court. We find that from the qualifications
which have been mentioned, it is made clear that the basic qualification is
Senior Secondary or Intermediate or its equivalent. We find that the appellant on
the basis of her qualification was provisionally selected after she had
submitted her requisite testimonials.
In the impugned
judgment, the High Court has given a finding that the higher qualification is not
the substitute for the qualification of Senior Secondary or Intermediate. In the
instant case, we fail to appreciate the reasoning of the High Court to the extent
that it does not consider higher qualification as equivalent to the qualification
of passing Senior Secondary examination even in respect of a candidate who was
provisionally selected. The word 'equivalent' must be given a reasonable
By using the
expression, 'equivalent' one means that there are some degrees of flexibility
or adjustment which do not lower the stated requirement. There has to be some difference
between what is equivalent and what is exact. Apart from that after a person is
provisionally selected, a certain degree of reasonable expectation of the
selection being continued also comes into existence.
aspects of the matter, we are of the view that the appellant should be considered
reasonably and the provisional appointment which was given to her should not be
cancelled. We order accordingly.
However, we make it
clear that we are passing this order taking in our view the special facts and circumstances
of the case. We hope and expect the respondent Rajasthan Public Service Commission
shall make a suitable recommendation in the light of the observation in this judgment
within four weeks from today and the State, which is also a party, will make an
appointment accordingly within four weeks thereafter. The appeal is disposed
of. No costs.
(ASOK KUMAR GANGULY)