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Non-Reportable  

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.3094   of 2017 (Arising out of SLP (C) No.26876 of 2016)

STATE OF ANDHRA PRADESH AND ORS.  

.... Appellant(s) Versus

SHAIK MAHIBULLA SHARIEF    

….Respondent(s)

J U D G M E N T

L. NAGESWARA RAO, J.

Leave granted.

The  Appellants  were  directed  by  the  Andhra  Pradesh

Administrative Tribunal at Hyderabad (hereinafter referred to

as the ‘Tribunal’) to consider the Respondent for appointment

to the post of Language Pandit (Telugu) Grade-II.  The High

Court  confirmed the  said  direction by  dismissing  the  Writ

Petition filed by the Appellants.   The Appellants have filed

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this Appeal  challenging the correctness of  the judgment of

the High Court.   

2. The  Appellant-State  issued  a  notification  for

recruitment  of  teachers  in  Government  schools.   The

Respondent applied for the post of Language Pandit (Telugu).

He participated in  the selection process and secured rank

No.1195.  His name was included in the provisional selection

list of Language Pandit (Telugu) Grade-II under the B.C. (E)

quota  for  East  Godavari  District.  There  were  five  posts

earmarked for B.C.(E) category.  The Respondent was one of

two  candidates  selected  in  the  said  category.   As  the

Respondent was not selected and appointed, he approached

the Andhra Pradesh Administrative  Tribunal  by filing O.A.

No.10250  of  2012.   An  interim  order  was  passed  by  the

Tribunal  on  26.12.2012  by  which  the  Appellants  were

directed  to  consider  the  case  of  the  Respondent  for

appointment as Language Pandit (Telugu).

3. The  Respondent  passed  BA  with  History,  Economics

and Political Science in the year 1998 and B.Ed. with Telugu

and Social Studies as methodology subjects in the year 2005.

He also passed BA in Telugu literature as a single subject

from Dr. B.R. Ambedkar Open University, Hyderabad in the

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year  2007.   He  also  completed  MA in  Telugu  in  distance

mode from Dr. B.R. Ambedkar Open University in the year

2013.  The Appellants contended before the Tribunal that the

Respondent was not eligible for appointment as he did not

possess  the  requisite  educational  qualifications.   The

Appellants  relied  upon  the  Andhra  Pradesh  Direct

Recruitment for the post of  Teachers (Scheme of Selection)

Rules, 2012.  According to Rule 4 (2) (iii) (a) of the said Rules,

the qualification prescribed for the post of Language Pandit

(Telugu) is as follows:-

“Must possess a Bachelor’s Degree with Telugu as the main subject or one of the three equal optional subjects or Bachelor’s Degree in Oriental Language in Telugu (BOL) or its equivalent or a Post Graduate Degree  in  Telugu  and  B.Ed  with  Telugu  as methodology  or  Telugu  Pandit  Training  or  its equivalent.”                

4. The Tribunal held that the 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  the

Tribunal,  the Respondent was eligible for  being considered

for appointment as Language Pandit  (Telugu) as the Rules

did not  disqualify  a degree from Dr.  B.R.  Ambedkar Open

University.  On the basis of the said findings, the Tribunal

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directed  the  Appellants  to  consider  the  case  of  the

Respondent for appointment to the post of Language Pandit

(Telugu) Grade-II.    

5. The Appellants challenged the judgment of the Tribunal

by filing a Writ  Petition which was dismissed by the High

Court by its  judgment dated 22.04.2016.  The High Court

approved the judgment of the Tribunal on the ground that

the  Respondent  possessed  a  degree  exclusively  in  Telugu

literature and it  cannot  be said that  he  was not  qualified

when a person who possessed a degree in Oriental Language

in Telugu was qualified.   The High Court also found fault

with the Government in not seeking the opinion of Dr. B.R.

Ambedkar  Open  University  whilst  determining  the

equivalence of the degree granted by it.   The High Court also

held that the Tribunal had correctly interpreted the Rules.

The correctness of the judgment of the High Court is assailed

in this appeal.  

6. The  appointment  to  the  post  of  Language  Pandit

(Telugu)  is  governed  by  the  Andhra  Pradesh  Direct

Recruitment for the post of  Teachers (Scheme of Selection)

Rules,  2012.  Rule  4(2)  (iii)  (a)  contemplates  that  the

educational qualifications for appointment to the above post

is a bachelor’s degree in Telugu as main subject or one of the 4

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three equal optional subjects or bachelor’s degree in oriental

language in Telugu, (BOL) or its equivalent or a post graduate

degree in Telugu and B.Ed. with Telugu as methodology or

Telugu Pandit  Training or  its  equivalent.   The Respondent

passed BA with History, Economics and Political Science and

holds a bachelor’s degree in Telugu as a single subject from

Dr. B.R. Ambedkar Open University.  He also has B.Ed. with

Telugu  as  methodology.   The  question  that  arises  for

consideration  in  this  case  is  whether  the  said  bachelor’s

degree in Telugu literature as a single subject from Dr. B.R.

Ambedkar  Open  University  is  equivalent  to  a  bachelor’s

degree  with  Telugu  from  other  Universities.    Reliance  is

placed by Ms.Prerna Singh, counsel for the Appellant-State

on memo No.18103/Ser.VI-1/2005 dated 03.10.2005 issued

by  the  Government  of  Andhra  Pradesh.   The  said  memo

pertains to a qualification issued with regard to transfer of

teachers/officers and rationalisation of schools in respect of

single subject certificate course of Dr. B.R. Ambedkar Open

University.  As per para 7 of the said memo, the certificate

issued  by  Dr.  B.R.  Ambedkar  Open  University  after

completion of a single subject course was not a degree and

that  the  single  subject  certificate  holders  of  Dr.  B.R.

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Ambedkar Open University were not eligible for promotion to

the post of School Assistant.  As the degree possessed by the

Respondent was not equivalent to a degree from the other

Universities as prescribed by the Rules, the Counsel for the

Appellant-State  submitted  that  the  Respondent  was  not

eligible  for  appointment  to  the  post  of  Language  Pandit

(Telugu).  Mr. V.V.S. Rao, learned Senior Counsel appearing

for  the  Respondent  referred  to  G.O.Rt.No.556,  Education

(SE.SER.VII)  Department  dated  04.10.2005  by  which  the

Government  permitted  the  Director,  School  Education,

Andhra Pradesh, Hyderabad to appoint candidates who have

a bachelor’s degree and a B.Ed. degree and have acquired a

single subject certificate in the relevant subject from Dr. B.R.

Ambedkar  Open  University.   The  said  orders  were  made

applicable for DSC-2003 candidates only. He also referred to

a  memo  dated  24.05.2008  of  the  Government  of  Andhra

Pradesh  by  which  the  Director  of  School  Education,

Hyderabad was permitted to appoint selected candidates of

DSC-2003  who  have  acquired  single  subject  (English)

certificate for the post of  School Assistant (English)  as per

their  merit  in  the  notified  vacancies.   The  learned  Senior

Counsel submitted that the memo dated 03.10.2005 is not

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applicable  to  fresh  appointments  as  it  relates  to

rationalisation of schools and transfer of teachers.

7. We are of  the opinion that  the judgment of  the High

Court  does  not  warrant  interference.  Admittedly,  the

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.  The question that falls for our 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.  We are in agreement with Mr. Rao that the

memo  dated  03.10.2005  is  a  clarification  pertaining  to

transfer  of  teachers/officers  and rationalisation of  schools.

The directions given by the Government to the Director of

School Education which are referred to supra would clearly

show that  the  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 the 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 7

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similarly  situated  persons,  there  is  no  reason  why  the

Respondent can be said to be ineligible.  There is nothing in

the  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.  

8. For  the  abovementioned  reasons,  the  Appeal  is

dismissed.   No costs.  

       ........................................J         [S. A. BOBDE]

                 ..……................................J                                            [L. NAGESWARA RAO]

New Delhi, February 22, 2017

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