ORDER :

[Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus and to call for the records pertaining to the impugned communication Lr. No. RPI/1-2/SZ/ADVT. 1- 2019/CAT - III/2020/Vol. II dated 21.09.2021 of the 2nd respondent sent on behalf of the 1st Respondent and quash the same and further direct the 1st Respondent to accept the candidature of the petitioner for the post of Assistant Grade - II (Hindi) in South Zone.]

1. This Writ Petition has been filed challenging the impugned communication dated 21.09.2021, sent by the 2nd respondent on behalf of the 1st respondent and for a consequential direction to the 1st respondent to accept the candidature of the petitioner for the post of Assistant Grade-II (Hindi).

2. The case of the petitioner is that the Food Corporation of India issued an advertisement for recruitment to various posts across India during the year 2019. The petitioner applied for the post of Assistant Grade-II (Hindi), South Zone on 05.03.2019. The qualification that was prescribed under the notification is as follows:

Essential :

1. Degree of a recognized University with Hindi as the main subject.

2. Proficiency in English.

3. One year experience of translation from English to Hindi and vice-versa.

Desirable:-

Post Graduate qualification in Hindi.

3. The further case of the petitioner is that she completed undergraduation from Andhra University with the foundation courses Chemistry, Zoology and Biotechnology and her second language was Hindi both in the first year as well as in the second year. Thereafter, the petitioner also completed her post-graduation in functional Hindi (MA-Hindi). That apart, the petitioner also obtained a degree issued by Hindi Prachar Sabha, Hyderabad as Hindi Pandit (Hindi Shikshak). According to the petitioner, this degree is equivalent to B.A., degree as per G.O.Ms.No.1415/1970, issued by the Government of Andhra Pradesh. The same status has also been given by the Government of India, through proceedings dated 18.02.1970.

4. The application submitted by the petitioner was rejected through the impugned communication dated 21.09.2021 on the ground that the petitioner did not possess Hindi as one of the main subject in all the three years of graduation and accordingly, the candidature of the petitioner was cancelled. Aggrieved by the same, the present writ petition was filed before this Court.

5. The respondent Corporation has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:

6. The petitioner was directed to appear for document verification on 12-4-2021 at the Regional office, Amaravathi. The petitioner produced her B.Sc Degree Certificate dated 31-10-2014 and Hindi Pandit ertificate dated 16-12-2015. It was found out by the Committee that the petitioner did not have Hindi as subject in the final year of the Degree course. The Andhra University Certificate specifically stated that the petitioner has secured B.Sc. Chemistry, Zoology and Bio Technology as man subject and Hindi as a second language only. It does not satisfy the criteria mentioned in Advertisement for FCI category-III. Hence the petitioner's contention was not accepted. It is a matter of record that the selected candidates have B.A Hindi Degree and hence there was no need to consider candidates with equivalence or Hindi as a second language. The petitioner's contentions to the contrary are thus without basis and untenable.

7. I submit that the petitioner is admittedly a B.Sc graduate with Hindi as a second language. It cannot be compared with candidates who have studied B.A Hindi Degree course. Hence the prayer is without merit. On this short ground, the wit petition is able to be dismissed. The decision of the Division Bench of this Hon'ble Court dated 19-8-2021 made in V. Lekha Vs UGC & ors., about not accepting cross