IMPORTANT POINT
There can be no discrimination in appointment of similarly situated persons. A person having requisite educational qualification cannot be denied appointment.
A degree once considered to be recognised as equivalent in one year cannot be denied in the next year.

JUDGMENT

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 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 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 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