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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case No. - SWP No. 1639/2015

Reserved on: 03.07.2025

Pronounced on: 23.12.2025

Uploaded on: 23.12.2025

Krishan Lal, Age 41 years,

S/o Sh. Mast Ram

R/o Quarter No. 5, Block-B, Type-3,

Sector-7, Channi Himmat,

Housing Colony, Jammu

…. Petitioner(s)/Appellant(s)

Through: Mr. Rahul Pant, Sr. Advocate with

Mr. Aniruddh Sharma, Advocate.

Vs.

1. Director General, BSNL,

Corporate Office, SEA Section,

B-201, Statesman House,

New Delhi, 110001

2. A ssistant General Manager,

Corporate Office,

Recruitment Branch,

223, 2^nd Floor, Eastern Court,

Janpat, New Delhi, 110001

3. Ch ief General Manager (BSNL),

J&K Circle, 4^th Floor, North Block,

Bahu Plaza, Jammu-12

....Respondent(s)

Through: Mr. Ravinder Gupta, AAG.

CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

JUDGMENT

Per: Sindhu Sharma-J

01. This petition is directed against judgment dated 28.04.2015, passed by

the Central Administrative Tribunal, Chandigarh Bench, in O.A. No.

060/0026/2014, whereby the O.A. of the petitioner has been dismissed.

02. Briefly stated, the facts which arise in this petition are as under:-

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03. The Bharat Sanchar Nigam Limited, notified examination for Junior

Accounts Officer Part-I (Screening Test) and Part-II (Main Exam) in

BSNL for internal candidates under the modified old syllabus (One

time relaxation vide its notification dated 12.10.2004). The vacancies

in the grade of JAOs in BSNL were to be filled in the following

manner: -

a. 50% of the vacant posts in the crisis by direct recruitment

through open competitive examination.

b. 40% of the vacant posts in the circle by promotion from the

employees working in BSNL through internal competitive

examination.

c. 10% of the vacant posts in the circle by promotion from

Senior Accountants working in BSNL through internal

competitive examination.

04. The respondents considering the request of candidates for appearing

in JAO examination against 40% internal quota relaxed the eligibility

condition regarding qualification. The eligibility conditions were

prescribed as under: -

i. All the absorbed non-executives are eligible to appear in the

examination.

ii. Educational Qualifications: 10+2

iii. Age: Candidate should not be more than 53 years of age as on

1^st January of the year in which the internal examination is

scheduled to be held.

iv. Service Condition: 10 years of regular service in the

Government/Department/BSNL.

05. The petitioner joined the respondent Department as Mazdoor on

08.03.1996 and was promoted as Telecom Mechanic on 30.03.1998

and Telecom Technical Assistant (TTA) in November 2009. The

petitioner, also applied for the post of Junior Accounts Officer, for

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the 40% posts, pursuant to the advertisement notice dated

12.10.2004, as an internal candidate on one time relaxed eligibility

condition of educational qualification of 10+2.

06. That Pursuant to the notification dated 12.10.2004, under the relaxed

eligibility condition, various references and requests for clarification

were received by the BSNL Headquarters from different Circles

raising some doubts in respect of the eligibility criteria for JAO

examination for internal candidates on relaxed conditions.

07. The respondents, after examining the doubts raised by the Circle vide

letter dated 22.11.2004, issued the clarification regarding point No. 1,

i.e. whether the intermediate PUC and old Higher Secondary/Prep

(11 years duration) passed, can be treated as equivalent to 10+2

qualification. The clarification given by BSNL was that intermediate

and PUC are equivalent to examination of 10+2; however, old Higher

Secondary Prep 11 years duration is not equivalent to 10+2.

08. On 23.12.2004, another letter was issued on the same issue, again on

the same point raised by the Circle regarding JAO-Part I Exam was

whether the intermediate, PUC, and old Higher Secondary/Prep (11

years duration) passed can be treated as equivalent to 10+2

qualification. The clarification given was that intermediate, PUC, an