IMPORTANT POINT
The court affirmed that the Postal Department's recognition of the Prathama qualification as equivalent to matriculation validated the appointment of the writ petitioner, emphasizing that qualification equivalence is determined by the employer.

JUDGMENT :

(Per: Vikas Budhwar, J.)

1. Impugned in the present proceedings at the instance of Smt. Madhumita Pandey (in short ‘writ petitioner’) is an order dated 20.03.2024 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (in short ‘Tribunal’) in OA No. 1820 of 2010 (Smt. Kalpana Tripathi Vs. Union of India & 4 Others), whereby the original application preferred by Smt. Kalpana Tripathi (in short ‘original applicant’) questioning the order dated 15.07.2010 of the Post Master General, Gorakhpur Region, Gorakhpur, third respondent (in short ‘Postal Department’) appointing the writ petitioner on the post of GDS, Branch Post Master, Baraon, Branch Office was set aside.

2. A joint statement has been made by the learned counsels for the parties that they do not propose to file any affidavits. With the consent of the parties, the writ petition is being decided at the fresh on the basis of the documents available on record.

Facts:

3. The case of the original applicant which was projected before the Tribunal as set out in the OA is that a recruitment exercise was undertaken by the Postal Department for filling up the post of GDS Branch Post Master, Baraon, Branch Office through District Employment Officer, Deoria. The original applicant along with the writ petitioner and others applied in pursuance of the said notification, thereafter, a merit list was prepared of five candidates on the basis of the percentage of marks obtained in the high school examination in which the original applicant’s name found place at serial No. 4 whereas the writ petitioner was assigned ranking at serial No. 3. On 15.07.2010, an appointment order came to be issued in favour of the writ petitioner appointing her on the post of GDS, Branch Post Master, Baraon. The original applicant questioned the appointment of the writ petitioner on the said post while instituting proceedings, OA No. 1820 of 2010 seeking following reliefs:-

“A. To quash the order dated 15.07.2010 (Annexure No. 1) passed by the respondent No. 3 for the appointment of the respondent No. 4 the post of Post Master, Post Office Baraw, District Deoria.

B. To direct the respondent No. 3 to appoint the applicant on the post of Post Master, Post Office Baraw, District Deoria.

C. To pass such other and further order which may be deem fit and proper in the circumstances of the case.

D. To award the cost of this application to the applicant.”

4. The sheet anchor of the challenge raised to the appointment of the writ petitioner was on the premise that she was not eligible and qualified for being selected and appointed on the said post, as the minimum qualification as per the notification dated 24.11.2009 was possession of High School certificate from a recognized Board. Since, according to the original applicant, the writ petitioner possessed the certificate of Prathama examination conducted by the Hindi Sahitya Sammelan, Allahabad which was not the qualification specified in the notification, thus, the selection and the appointment of the writ petitioner was illegal.

5. The Tribunal entertained the original application while issuing notice to the writ petitioner and seeking response from the writ petitioner as well as the Postal Department. On contest, response was filed by the Postal Department and the writ petitioner to which rejoinder affidavits were filed and the O.A. came to be allowed while relying upon the decision in Rajasthan Pradesh Vidya Samiti V.S. Sardarshahar & Anr. Vs. Union of India and others, 2010 (12) SCC 609 and Manish Kumar Vs. State of U.P. 2010 (9) ADJ 762 holding that the Hindi Sahitya Sammelan is neither a University nor an Educational Board and the certificate so offered does not have legal sanctity, the appointment of the writ petitioner was set aside.

6. Questioning the order dated 20.03.2024 passed in OA No. 1820 of 2010, the writ petitioner has filed the present writ petition seeking following reliefs.-

“i. Issue a writ, order or direction in the nature of certio