Arun Tandon, J. - (1.) Heard Shri Ashok Khare, Senior Advocate assisted by Shri A.K. Srivastava on behalf of the petitioner. Standing Counsel on behalf of the respondents.
(2.) Petitioner who had to his credit a certificate of Madhyma Visharad from Hindi Sahitya Sammelan, Allahabad was offered compassionate appointment on the post of Junior Clerk due to death of his mother, during harness, in the pay scale of Rs. 950-1500 under orders of the Chief Medical Officer, Pilibhit dated 20.9.1991. The appointment so offered to the petitioner was cancelled under an order dated 9.3.1992 with the finding that in accordance with the service rules applicable, the minimum educational qualifications prescribed for the post of Junior Clerk, was intermediate examination conducted by the Madhyamic Shiksha Parishad, U.P. or any other examination declared equivalent to the same by the Governor of the State. Since the Madhyma Visharad certificate has not been so declared as equivalent, the petitioner is not possessed of the prescribed minimum qualification. This order dated 9.3.1992 has been challenged by means of this writ petition. This Court on 27.4.1992 passed an interim order in favour of the petitioner, as a result whereof the petitioner has been continuously working as Junior Clerk in the office of the respondents for last more than 14 years without any brreak.
(3.) The controversy in the facts and circumstances of the present case is confined to the issue as to whether the certificate of Madhyma Visharad obtained by the petitioner from Hindi Sahitya Sammelan satisfies the minimum academic qualifications prescribed for appointment on the post of Junior Clerk. As provided for under the Adhinasth Karyalaya Lipik Vargiya Karmcharivarg (Seedhi Bharti) Niyamavali, 1985 or not. Hindi Sahitya Sammelan has been established under the Hindi Sahitya Sammelan Act, 1962 and Section 22 of the University Grants Commission recognises a right in the said Hindi Sahitya Sammelan to award degrees. As a matter of fact University Grants Commission has notified certain degrees awarded by Hindi Sahitya Sammelan vide notification dated 21.8.2003. However, on record there are various government orders issued by the Central Government recognising the certificate for the purposes of appointment in government service, reference (Notification dated 26.7.2001 Annexure-3 to Rejoinder Affidavit and Notification dated 16.9.1990 Annexure-5 to Rejoinder Affidavit). However, it may be noticed that Government of India had appended a note which reads as follows : The recognition recorded above is not to be treated equivalent to the full fledged certificate/degree for which it has been equated (Annexure-6 to the Writ Petition).;