HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.345 of 2005 ORDER: This writ petition is filed seeking a mandamus declaring the impugned proceedings in R.C.No.8865/A3/2004 dated 04/12/2004 issued by the first respondent as arbitrary, illegal and without jurisdiction, and consequently, to direct the first respondent to approve the promotion of the petitioner as Hindi Pandit Grade-I with effect from 01/08/2004 and to grant all consequential benefits. It appears the petitioner was initially appointed as a Hindi Pandit Grade-II in the third respondent school with effect from 29/09/1977. Further, with effect from 01/11/1989 she was absorbed into aided vacancy vide proceedings Rc.No.9899/D2/91 dated 22/03/1991. Subsequently, one Mandakini Kelkhar, who was holding the post of Hindi Pandit Grade-I, on attaining the age of superannuation retired from the service of the school on 30/06/2004. Against the said vacancy, the petitioner was promoted as Hindi Pandit Grade-I with effect from 01/08/2004 and the management submitted proposals for approval to the Regional Joint Director on 21/08/2004. However, the Regional Joint Director issued the impugned proceedings dated 04/12/2004 rejecting the approval of the proposals sent by the school on the ground that as per G.O.Ms.No.136 Education dated 13/11/2003, the incumbent has not possessed requisite qualifications i.e., Pandit training or B.Ed., with the language concerned as one of the methodology subject to hold the post of Hindi Pandit Grade-I. Aggrieved thereby, the present writ petition is filed. The respondents filed a detailed counter denying the allegations made by the petitioner, and further, it is stated that mere holding of regular aided post of Hindi Pandit Grade-II is not sufficient to hold the post of Grade-I Hindi Pandit unless she possesses requisite qualifications prescribed for the post and the rules do not permit respondent No.1 to approve the promotion of the petitioner as Hindi Pandit Grade-I. The rules issued vide G.O.Ms.No.136 dated 13/11/2003 are applicable in the case of the petitioner and which are essential to improve the academic standards and smooth functioning of the institutions as per rule 10 (32) and 12 (1) issued vide G.O.Ms.No.1 Education dated 01/01/1994. Heard both sides. The only controversy is as to whether the petitioner is entitled for being promoted to the post of Hindi Pandit Grade-I and whether the proposals sent by the third respondent were rightly rejected by the first respondent. There is no dispute as to the facts. Admittedly, the petitioner is a science graduate i.e., B.Sc., B.Ed., and she has also obtained Hindi Vidwan certificate from the competent authority. According to the respondents, she did not satisfy the criteria laid down in G.O.Ms.No.136 dated 13/11/2003 whereas the promotional aspect of the Hindi Pandits is dealt with under G.O.Ms.No.167 dated 09/03/1984. G.O.Ms.No.136 dated 13/11/2003 is extension of G.O.Ms.No.72 Education Department dated 03/07/2000. G.O.Ms.No.72 deals with the direct recruitment of teachers (Scheme of Selection) Rules, 2000 Education (Services-VI) Department. This does not deal with the promotion of Hindi Pandit Grade-I from Hindi Pandit Grade-II. Even the earlier G.O. issued i.e., G.O.Ms.No.71 dated 30/06/2000 also does not deal with the promotion of Hindi Pandit Grade-I from Grade-II. In fact, it is G.O.Ms.No.167 dated 09/03/1984 which governs the field. The annexure to G.O.Ms.No.167 dated 09/03/1984 in so far as appointment/promotion of Grade-I (Special and Ordinary Category) reads as under: Cate gory Name of the post Scale of pay Method of recruitment Qualification 2.A 1.School Asst. Grade-I 2.School Asst.Gr-II (Spl.& Ordinary) 3.Post Graduate Asst. (Spl.Upgraded School Assts.) 4.Language Pandits 5.Gr-I (Special & Ordinary Cat.) Rs.700- 30-1060- 35-1200 1.Direct recruitment 2.By promotion on the following order of preference from the categories give below. a)Jr.Dy.Inspectors of Schools b)Gr-II & III Language Pandits. c)S.G.B.T.Teachers (Spl.& Ordinary Cat.) d)Higher Grade teachers e ) L o w e r Grade Teachers f)Craft Instructors Gr-I and Gr-II g)Drawing teachers Gr- I & Gr-II h)Art teachers Gr-I & Gr-II i)Manual Training Instructors Gr-I & Gr-II j)Manual Training Instructors in Weaving k)Sewing Instructors l)Drawing & Sewing Instructors m)Textile Printing Instructors n)Tailoring Instructors o)Phy.Training Instructors Gr.I p)Phy.Training Instructors Gr-II A Degree of B.A., or B.Sc., of a University and a Teaching degree of any University in India established or incorporated by or under a central Act state Act or by any institution recognized by the University Grants Commission for appointment to the Categories of School Asst.Gr-I or School Asst.Gr-II (including the P.G.Asst) and for Language Pandit Gr-I (Spl. Or Oridinary Cat.) a Degree or an oriental title in the language concerned; with a Pandits training or a teaching d e g r e e or any other equivalent degree. From the above, it is seen that a degree or an oriental title in the language concerned is the basic requirement and further, the rule says that one should have a Pandits training or a teaching degree or any other equivalent degree. That means a person aspiring to be promoted as Grade-I Hindi Pandit must hold either a degree or an oriental title in the language concerned. In this case, the petitioner’s B.Sc degree cannot be considered for this purpose. However, she has Vidwan certificate obtained from the competent authority which is admittedly equivalent to a degree. Therefore, it must be held that the petitioner has got an oriental title in the language concerned and she has a teaching degree i.e., B.Ed., Therefore, the contention of the respondents that a degree in Hindi or an oriental title in the language concerned (Hindi) with a Pandits training in Hindi is necessary cannot be countenanced. The petitioner satisfies the criteria for being promoted to the post of Grade-I Hindi Pandit under the respondents. She has Vidwan (equivalent to degree) certificate in Hindi and she has a teaching degree i.e., B.Ed., Therefore, it must be deemed that the petitioner is fully qualified to hold the post of Grade-I Hindi Pandit. Further, she has been working as a Hindi Pandit in the respondent school since 1977 onwards. Therefore, the impugned proceedings dated 04/12/2004 are liable to set aside and are accordingly set aside. In the result, the respondents are directed to promote the petitioner to the post of Hindi Pandit Grade- I as recommended by the School Authority by its proceedings dated 21/08/2004. It is needless to say that the petitioner is also entitled for such promotion with effect from 01/08/2004 with all consequential benefits without reference to the proceedings of the Regional Joint Director of School Education, Hyderabad, dated 24/10/2008 passed in pursuance to the interim order passed by this Court. The Writ Petition is accordingly allowed. No order as to costs. __________________ JUSTICE C.V. RAMULU 08th April, 2010 SKM