An educational qualification recognized by the Central Government as equivalent to the required standard prior to the initiation of the recruitment process cannot be rejected by an employer, even if their specific recruitment rules are silent on equivalence, as government circulars and prior judicial precedents bind administrative bodies.

O R D E R

Per: Mr. Kumar Rajesh Chandra, Member (A):

1. The instant Original Application has been filed by ld. Counsel for the applicant for the following relief:

i. The respondent authorities may be directed to permit the applicant to join his post of Sorting Assistant in RMS 'C' Division Gaya in pursuance to his Order of Selection dated 31.12.2013/01-01-2014, as contained in Annexure A/1 issued by Superintendent. RMS 'C' benefits in Division Gaya, with all consequential terms of identical matter decided by this Tribunal on 19.09.2017 in O.A./050/00070/2016, as contained in Annexure - A/7.

ii. Any other relief reliefs as the applicants are entitled, in the ends of justice.

2. The brief facts of the case, as delineated in the instant OA, are that the applicant participated in Selection process against the post of PA/SA conducted by Department of Posts and finally succeeded in the same and was issued Letter No PF/Vinod Kumar SA dated the 31.12.2013/01-01-2014 by the Superintendent RMS 'C' Division Gaya communicating to him about his provisional selection against the post of Sorting Assistant in RMS 'C' Division, Gaya for the vacancies year 2011&2012. A photocopy of letter dated 31.12.2013\01.01.2014 is annexed as Annexure - A/1.

3. On 15.01.2014, the applicant submitted all his Original Certificates/documents before the Superintendent RMS 'C' Division, Gaya. A photocopy of receipt dated 15.01.2014 is annexed as Annexure - A/2.

4. Ld. Counsel for the applicant submitted that the applicant has passed Matriculation Examination from Bihar School Examination Board, Patna and thereafter passed Upshashtri Examination from Kameshwar Singh Sanskrit University, Darbhanga which is equivalent to Intermediate-10+2. Photocopies of documents/certificates of applicant for his matriculation examination are annexed as Annexure - A/3 series and photocopies of documents/certificates of applicant for his Upshashtri examination are annexed as Annexure - A/4 series.

5. He further submitted that all the other candidates were permitted to go for Training at PTC Darbhanga and thereafter have been permitted to join their posts whereas the applicant was denied the same without issuing any orders to the effect. The applicant is not being permitted to join his post despite the fact that his pre-joining formalities, medical, etc. have already been done. A photocopy of letter dated 15.01.2014 regarding medical examination of applicant is annexed as Annexure - A/5.

6. The applicant has verbally been informed by Appointing Authority that his educational Certificates were being verified of their genuineness from Kameshwar Singh Sanskrit University. Darbhanga. All the Original Certificates documents have been retained by the Department till date in their possession.

7. Finally, it came to notice that one of the candidate from the same recruitment selected for Saran Division, Chapra namely Punendra Chauhan was issued cancellation of his candidature on the ground of his having passed Upshashtri examination from Kameshwar Singh, Darbhanga Sanskrit Vishwavidyalaya Darbhanga. The said Punendra Chauhan challenged cancellation of his selection before this Tribunal which remained pending here.

8. As no such cancellation order has been issued to applicant he remained waiting upon consideration and decision of departmental authority on his candidature.

9. He also submitted that on 11/09/2017, the applicant submitted application before the Superintendent RMS 'U' Division, requesting his posting to avoid his hardship. A photocopy of application o