State of Andhra Pradesh and Ors. v. Shaik Mahibulla Sharief - (Supreme Court) (22 Feb 2017)

Candidate Eligible for Appointment as Language Pandit (Telugu) as Rules did not Disqualify a Degree From Dr. B.R. Ambedkar Open University

MANU/SC/0197/2017

Service

In facts of present case, Appellants were directed by Andhra Pradesh Administrative Tribunal at Hyderabad to consider the Respondent for appointment to post of Language Pandit (Telugu) Grade-II. High Court confirmed said direction by dismissing Writ Petition filed by Appellants. Appellants have filed this Appeal challenging the correctness of the judgment of High Court. Question for consideration is whether the qualification of BA Telugu literature as a single subject from Dr. B.R. Ambedkar Open University can be considered as equivalent to bachelor's degree with Telugu as main subject.

In present case, Tribunal held that Respondent possessed B. Ed. degree with Telugu and Social Studies as methodology subjects and BA in Telugu literature as single subject from Dr. B.R. Ambedkar Open University. According to Tribunal, Respondent was eligible for being considered for appointment as Language Pandit (Telugu) as Rules did not disqualify a degree from Dr. B.R. Ambedkar Open University. On basis of said findings, Tribunal directed Appellants to consider case of Respondent for appointment to post of Language Pandit (Telugu) Grade-II.

Admittedly, Respondent possesses BA with History, Economics and Political Science and B. Ed. with Telugu and Social Studies as methodology subjects. He also possesses BA in Telugu literature as a single subject from Dr. B.R. Ambedkar Open University. Memo dated 03.10.2005 is a clarification pertaining to transfer of teachers/officers and rationalisation of schools. The directions given by Government to the Director of School Education would clearly show that degree issued by Dr. B.R. Ambedkar Open University was considered to be equivalent to any other degree in respect of a selection conducted in the year 2003. If Government has considered the degree issued by the Dr. B.R. Ambedkar Open University as equivalent to any other degree for DSC-2003 and permitted appointment of similarly situated persons, there is no reason why the Respondent can be said to be ineligible. There is nothing in Rules which makes a degree issued by Dr. B.R. Ambedkar Open University which is recognised by the University Grants Commission (UGC) from being considered as equivalent to any other degree.

Tags : RULES APPOINTMENT ELIGIBILITY