Decided on August 05,1992

K.KAMALA Appellant


- (1.)The petitioner passed the entrance examination in Karnatak Music (Vocal) conducted by the State Board of Technical Education at Vijayawada held in the month of April, 1972 and subsequently she studied and passed B.A. Degree examination from Andhra University with Music as the main subject. The Andhra University had given her a certificate dt. 1-3-1984 certifying that the petitioner had been duly admitted to the Degree of Bachelor of Arts in that University after she was declared to have passed the examination prescribed therefor and it was also mentioned therein that Music was her main subject.
(2.)The petitioner applied for the post of Music Teacher in Kendriya Vidyalaya, Air Force Station, Suryalanka, Bapatla and the 3rd respondent i.e., the Principal of the said Kendriya Vidyalaya appointed her as Music Teacher with effect from 11-1-1985 on temporary and adhoc basis. She was relieved on completion of academic year on 30-4-1985. Subsequently she appeared for interview on 16-9-1985 and was selected for the post of Music Teacher and was appointed as such on temporary and adhoc basis in Kendriya Vidyalaya, G.T.Road, Guntur and worked till 30-4-1986 only. The Principal, Kendriya Vidyalaya, Guntur also gave a certificate dated 30-4-1986 to the petitioner that she worked in the said Vidyalaya on adhoc basis from 10-10-1985 to 30-4-1986 and that she showed keen interest in all the activities of the Vidyalaya and that her contribution in training the children for Radio Programmes, various competitions and school day celebrations were praiseworthy and that her character and conduct was very good. Once again the petitioner was selected for the post of music teacher on temporary and adhoc basis till 30-4-1988 and she worked as such from 4-9-1987 to 30-4-1988 in Kendriya Vidyalaya at Guntur as per the certificate given by the Principal of the said Vidyalaya.
(3.)Thus even though the petitioner was applying pursuant to advertisements issued calling for applications for the post of Music teacher in Kendriya Vidyalaya, the petitioner was not being appointed on regular basis and in March, 1988 she discovered that the reason why she was not being considered for regular appointment was that her B.A. degree in Music of the Andhra University was not accepted as the requisite qualification for appointment as Music Teacher in Kendriya Vidyalayas. She addressed a detailed letter dated 19-5-1988 to the 1st respondent. Therein she stated that she applied for the post of Music teacher in Kendriya Vidyalayas in response to die advertisement issued in September, 1987 and thather application reference was No.03/03/070 and that as she was not called for interview she met the 1st respondent on 1.3.1988 and requested him to consider her application and call her for interview and that the 1st respondent informed her that he had a doubt whether her B.A. degree with Music as main subject and History and Telugu as ancillaries was equivalent to the qualification prescribed for the post of Music Teacher in Kendriya Vidyalayas. Therein she also stated that as per the 1st respondent's advice she got a clarification from the Andhra University that her degree was much more than the qualification required for the post of Music teacher in Kendriya Vidyalaya as per the advertisement issued calling for applications for the said post. She also stated therein that she enquired from the Regional Office of the Kendriya Vidyalaya Sangathan of Madras Region and came to know that applications of candidates with the same qualification as hers were accepted and the said candidates were being called for interview in Madras Region. She also requested the 2nd respondent and the authorities of the Kendriya Vidyalaya Sanghthan to obtain clarification directly from the Andhra University. The 1st respondent replied by his letter No.F.16-8/87 KVS (HR)/1157, dt.23-5-88 stating as follows:
"In terms of advertisement the prescribed qualification for the post of Music Teacher is Degree in Music from a recognised university. You are a Arts Graduate holding B.A. Degree with Music as one of the subjects. Since you do not possess prescribed qualification, your candidature for the post of Music Teacher could not be considered. This is for your information please."


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