-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 515/2004 Ashok Narharipant Kathalkar -versus- Education Officer, Secondary Z.P. Amravati ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 17, 2009. Heard Advocate Shri A.S. Kilor for appellant, learned A.G.P. for respondent no.1 and Advocate Shri J.T. Gilda, for respondent no.4. Contention of Advocate Shri Kilor is, that as the qualification of Hindi Visharad obtained by the appellant from Hindi Sahitya Sammellan, Allahabad is recognised as equivalent with B.A. Degree, after completion of 10 years service he is entitled to be brought in category “C” of Schedule – F of the M.E.P.S. Rules, 1981 for the purpose of determination of his seniority. He relies upon government resolution dated 14.06.1999, particularly clause [3] thereof, in support of his contention. Advocate Shri Gilda, points out that the qualification has been recognised as equivalent to -2- graduation only for the purpose of Hindi Subject and not for other subjects and therefore, it is not equivalent to B.A. Degree of Nagpur University. He has placed reliance upon the very same document and also upon the provisions of Schedule-F of M.E.P.S. Rules for this purpose. Both the courts have found that equivalence granted is only for the purpose of Hindi subject and therefore, the appellant cannot be treated as a Graduate of University so as to enable him to claim placement in Category “C” of schedule-F. The very first clause i.e. clause [a] of paragraph no. 3 of the government resolution dated 14.06.1999 also supports the position which is accepted by both the courts below. The said clause clearly stipulates that approval to said qualification for the purpose of equivalence is limited only for Hindi subject and it is not equivalent to entire graduate degree of the University. In view of this clarification it is apparent that the finding concurrently reached cannot be labeled as erroneous or perverse. No substantial question of law arises in this appeal for determination. Second Appeal is dismissed. No cost. JUDGE Rgd.