HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.3366 of 2010 Dated: 15-04-2010 Between: Habeebur Rehman. … Petitioner And Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Education Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.3366 of 2010 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of the 2nd respondent-Intermediate Board in issuing the letter, dated 09.05.2009, declaring the Urdu Fazil Examination conducted by the 4th respondent-Society, is not considered to be equivalent to intermediate, as illegal and un-constitutional. 2. The petitioner is an employee of the Bharat Sanchar Nigam Limited (BSNL). He joined as a Clerk, basing on his 10th Class qualification. He appeared for the departmental examination, which was conducted to fill up the posts of J.A.O. As his name did not figure in the list of eligible candidates on the ground that he was not qualified, basing on the letter, dated 09.05.2009, issued by the Intermediate Board, to the effect that the Urdu Fazil Examination conducted by the 4th respondent is not equivalent to the intermediate examination, he has filed this writ petition. 3. It is the case of the petitioner that earlier, the 2nd respondent-Board has considered the Urdu Fazil Certificate issued by the 4th respondent-Society, as equivalent to the intermediate course of Andhra Pradesh, but coming to the case of the petitioner, they have certified that it is not equivalent. Further, reliance is also placed on a Memo of the Government, dated 11.07.2006, issued in Memo No.104711/SE.Ser.VII/2006, wherein, the Secretary to Government has addressed a letter to the Director of School Education, stating that the Urdu Fazil Certificate issued by the 4th respondent-Society, is considered as equivalent to the intermediate education. 4. A detailed counter affidavit is filed by the 2nd respondent-Board. While denying the various allegations made by the petitioner, it is stated in the counter that the Board of Intermediate Education, at its 45th Board Meeting held on 21st of January 2009, has resolved to approve the proposal of equivalency to Urdu Fazil Examination with that of Intermediate course (Humanities group) for those students who studied English as one of the optional subjects for a short period from 21.01.1999 to 26.12.2002, and accordingly, equivalency certificates were issued . But, in the 52nd Board Meeting held on 27th of December 2002, the Governing Body of the Intermediate Board has taken a policy decision, based on the recommendations and guidelines of the Evaluation Committee, to consider 10+2 level examinations conducted by the Boards of Secondary or Higher Secondary Education of various State Governments, the Government of India, Union Territories, and the certificates of ICSE and ISC of CISCE, an autonomous education body recognized by the Government of India, as equivalent to the 1st and 2nd years of intermediate education of Andhra Pradesh. It is stated that since 27th December 2002, issuing of equivalence certificates to Urdu Fazil candidates has been withdrawn and it is not considered as equivalent to intermediate education of Andhra Pradesh. Further, it is also stated that the 4th respondent is only a Society and is not running any college to impart education to 10+2 examinations. A reference is also made to the 58th Board Meeting of the Governing Body of the Board held on 15th September 2005, wherein, it was resolved to the effect that equivalencies cannot be considered in respect of the examinations conducted by the private organizations which are neither established nor controlled by the Government. Reliance is also placed on a judgment of this Court rendered in a batch of cases in W.P.No.5363 of 2006 and batch, dated 4th August 2006, and also on a judgment of a Division Bench of this Court in Writ Appeal No.1682 and batch, reported in 2003 (6) ALT 761. 5. It is not in dispute that as per the provisions of the Board of Intermediate Education Act, 1971 and the Statutory Rules made there under, the Governing Body is the competent authority to consider equivalencies. Though for some time, so far as Humanities group is concerned, such certificates were issued, but when it is stated that the Board has reconsidered the matter and resolved in its 58th Board Meeting not to consider equivalency with regard to the courses conducted by the private organizations, which are neither established nor controlled by the Government, the said position cannot be found fault. Merely because there was a communication from the Government, as relied on by the learned counsel for petitioner, same cannot be the sole basis so as to issue directions by way of Mandamus, for grant of equivalency certificate by the competent Board. Further, in the judgment rendered in the case of W.P.No.5363 of 2006 and batch, dated 4th August 2006, this Court has already held that the authority competent to consider the aspect of equivalency, is the Board constituted under the Intermediate Education Act alone. Further, in the judgment of this Court in W.A.No.1682 of 2002 and batch, dated 28th April 2003, reported in 2003 (6) ALT 761, a Division Bench of this Court has held that this Court cannot issue directions by way of Mandamus, to academic bodies, to treat a particular course of study taken up and degree obtained in another State, as equivalent to the degree obtained in Andhra Pradesh. In that view of the matter, though it is submitted by the learned counsel for petitioner that he has obtained the certificate from the 4th respondent-Society in 2004 itself, but that by itself, is not a ground for grant of directions as prayed for now, more so, when the 2nd respondent-Board has taken a decision in its 58th Board Meeting held on 15th September 2005, not to consider the certificates issued by the institutions, which are not recognized under Law. Further, the matters of this nature are required to be considered by the persons having expertise knowledge with regard to the courses, curriculum, etc. When the body consisting of Academicians has already considered the aspect of equivalency having regard to the syllabus, curriculum etc., of both the Intermediate Course and the Urdu Fazil examination, and has negated the same, in the absence of further material before this Court to consider both the courses as equivalent, no directions can be given as prayed for. In that view of the matter, I do not find any illegality in issuing the impugned letter, dated 09.05.2009, by the 2nd respondent-Intermediate Board to BSNL. 6. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 15th April 2010 ajr