Rajasthan High Court: The Single Judge bench of Arun Bhansali J., allowed the petition challenging the cancellation of the petitioner's candidature for the post of Teacher Grade III (Level I) and quashed the determination made by respondents and held that since Association of Indian Universities (‘AIU') had issued equivalence certificate with regard to the qualification of the petitioner, the same made her eligible for the post.
The petitioner had indicated that she had passed higher secondary certificate from Higher Secondary Educational Board, Nepal. However, the respondents had rejected her candidature on the ground that the qualification held by the petitioner was not recognised as equivalent by the Board of Secondary Education, Rajasthan.
Contention of the petitioner
The petitioner contended that Ministry of Education (Department of School Education and Literacy) (‘MoE') viz Notification in November 2021 had indicated that equivalence granted by AIU would automatically be considered as inter-se parity between the Boards in India, permitting smooth Inter-School Education Board migrations. Further the equivalence given by AIU to a School Education Board would be valid at all India Level for the purpose of higher education and employment.
Pursuant to the same, AIU had issued an equivalence certificate to the petitioner, wherein, it was indicated that her qualification was equated with twelfth year Senior School Certificate of Central Board of Secondary Education, Delhi or other Boards in India. Keeping the same in mind, the rejection of the petitioner's candidature was not justified.
Contention of the respondent
The respondent contended that they followed the equivalence granted by the Board of Secondary Education, Rajasthan which had not granted the equivalence certificate, making the petitioner's rejection of the candidature justified.
Court Analysis
The advertisement indicated the requisite qualification for the said post as senior secondary or its equivalent. There were no stipulation in the advertisement that the equivalence must be as per the Board of Secondary Education, Rajasthan, therefore, the rejection of petitioner's candidature on account of absence of equivalence by the Board of Secondary Education, Rajasthan could not be countenanced.
The Court after perusing the certificate issued by the AIU and the notification issued by the MoE, stated that AIU had issued equivalence certificate with regard to the qualification of the petitioner. Therefore, making the petitioner eligible for the post.
The Court quashed the determination made by the respondents pertaining to the equivalence of the petitioner and also directed them to treat petitioner's qualification as equivalent to twelfth year Senior School Certificate of Central Board of Secondary Education, Delhi or other Boards in India, making her eligible to accord her appointment.
[Sharmila Barma v State of Rajasthan, 2022 SCC OnLine Raj 2592, decided on 25-05-2022]
*Judgment by Justice Arun Bhansali
Advocates who appeared in this case :
For the petitioner– Advocate Shreyash Ramdev
For the respondent– Additional Advocate General Pankaj Sharma and Advocate Rishi Soni
*Simran Singh, Editorial Assistant reported this brief.
