1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 55 OF 2005. Ms. Supriya A. Pednekar, daughter of Anant P. Pednekar, aged 22 years, unemployed, residing at Vasco-da- Gama, Goa. .... Petitioner. Versus 1. The District and Sessions Judge, Court of District & Sessions Judge, Near Tourist Hostel, Panaji, Goa. 2. The Secretary, Department of Personnel, Secretariat, Alto Porvorim, Goa. 3. The Director, Directorate of Education, 18 th June Road, Panaji, Goa. 4. The Secretary, Goa Board of Secondary and Higher Secondary Education, Alto Porvorim, Goa. 5. The Registrar, University of Mumbai Hindi Vidyapeeth, 306/307, Udyog Mandir, Dharmavir Sambhaji Marg, Mahim (W), Mumbai 40016. 6. The Secretary, Ministry of Human Resource Development (Education Department), Government of India, Shastri Bhawan, New Delhi. .... Respondents. Shri Sudin Usgaonkar, Advocate for the Petitioner. Shri S.R. Rivonkar, Government Advocate for the Respondents No.2 and 3. Shri J.P. Mulgaonkar, Advocate for the Respondent No.4. Shri C.A. Ferreira, Assistant Solicitor General for the Respondent No.6. CORAM: S. S. PARKAR & V. M. KANADE, JJ. DATE: 11 th JULY, 2005. 2 ORAL ORDER: ( PER PARKAR, J.) Heard both sides. 2. The short question which arises in this Petition is whether Uttama and Bhasharatna examinations held by Mumbai Hindi Vidyapeeth are equivalent to S.S.C. and H.S.S.C. examinations held by Goa Board. 3. The petitioner has passed S.L.C. Uttama examination from Mumbai Hindi Vidyapeeth. Thereafter she has also passed Bhasharatna examination from the said Vidyapeeth. She applied for the post of Lower Division Clerk advertised by the District and Sessions Judge, Panaji. She appeared for typing test and thereafter she was called for oral interview and verification of original certificates. She was thereafter asked to produce the relevant documents about her qualifications. For the purpose of appointment to the said post the petitioner produced the certificates issued by the aforesaid Vidyapeeth for having passed ' Uttama ' and ' Bhasharatna ' examinations which are considered by that Vidyapeeth as equivalent to S.S.C. and H.S.S.C. respectively of Goa Board which is the minimum qualification required for the post of L.D.C. The District Judge after referring the matter to the Government of Goa received a reply that the said examination is not recognized by the Government of Goa and therefore, sent a letter to the petitioner on 22 nd May, 2004 that the offer of appointment given to her by letter dated 5.5.04 for the post of L.D.C. on ad hoc basis stood cancelled. The said letter denying her appointment for the said post is under challenge in this petition. 3 4. The Petitioner claims that Uttama and Bhasharatna examinations passed by her from the above Vidyapeeth are equal to S.S.C. and H.S.C.C. Examinations held by the Goa Board and therefore she is eligible to apply for the post of L.D.C. 5. Reliance is placed on behalf of the petitioner on the Press Note issued by the Government of India, Ministry of Human Resource Development, on 5 th May, 1988 in which it is stated that on the recommendations of Hindi education Committee and concurrence of Union Public Service Commission, Government of India, started recommending some examinations so that the candidates passing such examinations may become eligible for Government jobs wherein Hindi has been made essential. The Annexure to the said Press Note at serial No.8 mentions that Uttama examination held in Hindi by Mumbai Hindi Vidyapith, Mumbai is equivalent to S.L.C. and Bhasha Ratna examination is equal to Inter examination i.e. at present H.S.S.C. The petitioner has passed both these examinations Uttama and Bhasha Ratna. On inquiry, the learned counsel appearing for the petitioner, stated that the subjects for the aforesaid examinations are only of Hindi literature and does not include the subjects which are taught for S.S.C. Examination. 6. On behalf of the respondents, affidavit in reply dated 25.2.05 has been filed of the Secretary of Goa Board of Secondary and Higher Secondary Education who is respondent No.4 in this petition. In the said affidavit it is stated that the Bambai Hindi Vidyapith is a voluntary organization with the 4 object of propagating and popularizing Hindi language and in the examinations held by the said Bambai Hindi Vidyapith students are required to answer subjects relating to Hindi language only. It is further stated that the Academic Council of the Goa Board has taken the view that the said examinations conducted by the Hindi Vidyapith do not have status equivalent to S.S.C. and H.S.S.C. Examinations of the Board. 7. The Press Note dated 22.5.04 relied upon by the petitioner itself has clarified that the examinations held by Hindi Sahitya Sammelan Prayog (Allahabad) like Prathama and Madhyama are equivalent to S.S.L.C. and B.A. respectively for the purpose of Hindi level only. The said Press Note also states as follows :- “ Regarding the recognition to the Hindi examinations and the equivalence to those examinations held by other Hindi organizations it may be said that the examinations are not given equivalence of University or State Examination Council. As far as recognition for Government services is concerned for these examinations it has been decided that if Government, non- Government or semi- Government institutions or educational institutions having some posts where Hindi is essential qualifications for the posts then in that case examinations having equivalence could be considered and candidates having such qualifications in Hindi may be considered as suitable for the posts. But if there is no mention about Hindi qualification for the post then the persons having Degree or certificate of voluntary Hindi organisations cannot claim the equivalence to University 5 Degree or the Certificate of State Board's examinations. “ 8. The aforesaid paragraph, makes it very clear that the certificates relied on by the petitioner would be considered where Hindi is essential qualification for the post in Government service and if there is no mention about the Hindi qualification for the post, then the persons having Degree or certificate of voluntary Hindi organizations, cannot claim the equivalence to University Degree or Certificate of State Board examinations. 9. Relying on the Judgment of the Supreme Court in the case of State of Rajasthan and others v. Lata Arun [(2002) 6 S.C.C. 252] it was contended that in an appropriate case, the Court can examine whether the policy decision or the administrative order dealing with the matter is based on a fair, rational and reasonable ground. It is also contended by the counsel for the petitioner that the petitioner has the adequate knowledge of English as she is S.S.C. Fail and thereafter switched over to the examination held by the Hindi Vidyapith and she had also passed the typing test and therefore her qualification should be recognized. The said contention cannot be accepted for the simple reason that the question here is whether the examinations passed by the petitioner of Uttama and Bhasha Ratna are equivalent to S.S.C. or H.S.S.C. without which a candidate is not even eligible to apply for the said post. Simply because the petitioner had knowledge of English and had also passed typing test cannot make her qualified for the post of L.D.C. as argued. In the above cited judgment the Supreme Court has, in fact, observed in paragraph 10 that it is not for the Courts to determine whether a 6 particular educational qualification possessed by a candidate should or should not be recognized as equivalent to the prescribed qualification in a case. From the above discussion it is clear that this is not a case where the Court can say that the policy decision or the administrative order dealing with the matter is not based on a fair, rational and reasonable ground. It may be also noted that the University i.e. Mumbai Hindi Vidyapith conducting the examinations passed by the petitioner is itself not recognized by the Association of Hindi Universities and therefore it is not listed among the recognized Universities in the Handbook issued by All India University, as stated in paragraph 5 of the affidavit dated 25 th February, 2005 of Narayan Kalangutkar, Registrar of the District and Sessions Court. 10. In view of the above, we are of the opinion that the examinations of Uttama and Bhasharatna passed by the Petitioner are not equivalent to S.S.C. and H.S.S.C. examinations held by the Goa Secondary and Higher Secondary School Boards. 11. In the circumstances, we find no merit in this petition and therefore the same is rejected. S. S. PARKAR, J. V. M. KANADE, J. sl. 7