HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.20780 of 2020

ORDER

:

In this writ petition, the petitioners No. 2 to 4 (since the writ petition has already been dismissed as withdrawn as against petitioner No. 1 vide orders dated 09.12.2020) seek a direction to the respondents to strictly apply the qualifications prescribed in the notification No. 52/2017 dated 21.10.2017 issued by respondent No. 8 in respect of School Assistant (Hindi) and consider their case for appointment to the post of School Assistant (Hindi).

2. Learned counsel for the petitioners submitted that the impugned notification specified that the candidates must possess graduation with Hindi as one of the Optional/ Graduation in Literature in Hindi/Bachelor’s Degree in Oriental Language (BOL) in Hindi/Post Graduation Degree in Hindi from a University recognized by UGC with 50% (in case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 45%) and pass in Bachelor of Education (B.Ed.) course with Hindi as a Methodology subject or Language Pandit Training in Hindi from any institution recognized by NCTE. Learned counsel for the petitioners further submits that though the notification prescribes these conditions, the respondent No. 8 has considered the candidates, who did not possess the graduation certificate and has prepared a Provisional Selection List. Therefore, challenging the said action of the respondents, the present writ petition has been filed.

3. The learned Standing Counsel appearing for respondent No. 8 submitted that the qualifications prescribed in the notification have duly been considered and followed while preparing the Provisional Selection List. He further submitted that a Subject Expert Committee was constituted for examining the validity of qualifications acquired by the candidates for recruitment to the post of School Assistant- Hindi/Urdu and only on the recommendations of the said Committee, the Provisional Selection List was prepared. He further submitted that the Subject Expert Committee, in its decision has confirmed with regard to Hindi Pracharak Training, DBHPS, Madras that it is recognized by NCTE and that it is equivalent to B.Ed. and further confirmed that the course is equivalent and same as B.Ed., LPT in Hindi and that Hindi Shikshan Parangath was also considered as equivalent to B.Ed. course after considering its eligibility criteria and duration of course.

4. The learned counsel for the petitioners submitted that similar issue had come up before a Division Bench of this court in W.P. No. 1315 of 2018 and batch and vide common orders, dated 15.09.2023, the Division Bench (headed by the Hon’ble Chief Justice) has directed the State Government to decide the issue of equivalence of Hindi Vidwan/ Madhyama/ Visharada to the degree conferred by the UGC on or before 15.11.2023 by way of a speaking order. It is submitted that thereafter, the Government also, by issuing a memo dated 14.11.2023, has held that the Hindi Vidwan/ Madhyama/ Visharada course/Examination conducted by Hindi Prachar Sabha, Hyderabad or Hindi Sahitya Sammelan, Allahabad or Dakshin Bharat Hindi Prachar Sabha, Madras is not equivalent to the Graduation offered by any University recognized by the University Grants Commission, New Delhi.

It is submitted that in view of these developments, the case of the petitioners should be directed to be considered for appointment.

5. In view of the rival contentions, as recorded above, and also that the issue has already been decided by a Division Bench of this Court and the Government have also issued a memo with regard to the equivalence of certain courses with degree in Hindi, this Court deems it appropriate to direct the respondents to consider the grievance of the petitioners herein in light of the above judgment of the Division Bench of this Court and take a decision accordingly. The decision shall be communicated to the petitioners.

6. With the above directions, the writ petition is disposed of. No costs.