Judgment By this application under Articles 226 and 227 of the constitution of India the petitioner who was attached with 6 M.A. Har (Boarders) Regiment of Indian Army as Nayak Subedar (RT), has impugned the validity of the order of the Director Recruiting (ORE) under letter No. A/10064/JAL/Trg/5 (OR) (E) dated 29th April 1993 (Annexure 4) whereby the commandant of the Mahar Regimental Canter has been directed to arrange discharge of the petitioner from Army service under the purported exercise of power under Army Rule 13. The petitioner further challenges (Annexure 9) the order issued by Mahar Regiment Abhilekh Karyalaya Records Mahar Regiment Sugar (M.P.) though the senior records Officer dated 26th June 1993 to the unit concerned intimating the petitioner shall be discharge from service pursuant to Annexure 10. The petitioner was appointed as JCO (R.T.) (Pandit) following an advertisement in 1990 for recruitment of Religious Teachers (Pandits and Granthi) in the Army. According to the advertisement the qualification for eligibility for the aforesaid post was follows :- “The minimum educational qualification for appointment will be graduation in any discipline from a recognised University. In addition they must also possess one of the following qualification according to the religious denomination of the individual :- I. Pandit : Madhyama in Sanskrit or Bhushan in Hindi or equivalent Standard in the regional language concerned. II. Ganthi : Vidwan in Punjabi or equivalent standard in the regional language concerned.” 2. It is evident from the advertisement (Annexure 1) that the minimum educational qualification for appointment was graduation in any discipline from a recognised University. In addition candidates were required to possess qualifications applicable to the category of religious denomination of the individual. In the petitioners case this was Madhyama in Sanskrit or Bhushan in Hindi or equivalent standard in this regional language concerned. There is no dispute that the petitioner possesses the letter qualification. The main dispute is whether the petitioner was graduate in any discipline from a recognized University ? 3. The petitioner had passed Shastri examination from Guru Nanak Dav University, Amritsar, Punjab. This degree is recognized as equivalent to Bachelor of Arts degree by the Government of India and others States like Madhya Pradesh, Delhi etc. The petitioner had filed his degree when he applied for recruitment in Army. 3. The petitioner had passed Shastri examination from Guru Nanak Dav University, Amritsar, Punjab. This degree is recognized as equivalent to Bachelor of Arts degree by the Government of India and others States like Madhya Pradesh, Delhi etc. The petitioner had filed his degree when he applied for recruitment in Army. On being found eligible after initial screening including checking of original educational certificates and medical examination the petitioner was issued a call letter by the Zonal Recruiting Officer, Jallunder. The petitioner was thereafter allowed to appear in the written examination held on 14.4.1991. He qualified in the written test and was called for interview. He again produced all the original document regarding educational qualifications. The petitioners was duly selected for appointment as religious i.e. (R.T.) JCO (Pandit) in the Mahar Battalian of the Indian Army at Sagur (M.P.). 4. The petitioner was sent for basic training and after successful completion of training in physical course and of religious teacher the petitioner was appointed permanently on substantive post in the pay scale of Rs.1380.40, 2100in addition to D.A. and was at first posted at the Mahar Regiment Centre Saugar (M.P.). Thereafter the petitioner was transferred and posted to 6 Mahar Regiment (Boarder) in Rajouri Sector Jammu and Kashmir on 5thMay 1992. He was ultimately discharged for service in the circumstances stated above. 5. It has been argued by Mr. Tiwary learned council for the petitioner that the respondents without verifying whether the degree of Shastri from Guru Nanak Dev University is equal to B.A. degree course or not, violation of Articles 14 and 16 of the constitution of India. He vehemently argued that the degree of Shastri of Guru Nanak Dev University is recognized throughout India as it is equivalent to B.A. degree. This fact was well known to the authorities who being satisfied accepted his qualification. 6. It was submitted that respondent authorities have acted in violation of the petitioners of natural justice in discharging the petitioner without holding any enquiry. 7. The stand taken by the council for the respondent no. 6 in the counter affidavit is that appointment of petitioner was irregular because the certificate of Shastri Degree from Guru Nanak Dev University. Amritsar produced by the plaintiff found to be unrecorgnised as equivalent to Graduation (B.A.) Degree for the purpose of employment under the Central Government in accordance to personal P.G. and pension latter dt. 21.11.1990. 6 in the counter affidavit is that appointment of petitioner was irregular because the certificate of Shastri Degree from Guru Nanak Dev University. Amritsar produced by the plaintiff found to be unrecorgnised as equivalent to Graduation (B.A.) Degree for the purpose of employment under the Central Government in accordance to personal P.G. and pension latter dt. 21.11.1990. A reference to this annexure will show the Government have from time to time issued ordered organizing Sanskrit examinations conducted by different institution for the purpose of employment under the Central Govt. and degree granted by the Rashtriya Sanskrit Sansthan, New Delhi ; Kameshwer Singh, Darbhanga Sanskrit University, Darbhanga ;Sampuranand Sanskrit Vishwavidyalya, Varanasi are recognized by this order. This latter however dose not show that Sanskrit degree granted by Guru Nanak Dev University has been recognized as equivalent to B.A. Degree in my opinion reliance on Annexure-A in support of the plea of the respondents appears to be misplaced. 8. It is nowhere mentioned in the advertisement that the candidates must have done graduation from a University recognized by the Central Government. It only say that it should be recognized University. As stated curlier degree possessed by the petitioner was recognized by almost all State of India and equivalent to B.A. Degree (Annexure 5). 9. A curious plea has been taken in paragraph 28 of the counter affidavit the petitioners appointment was not substantive but provisional, this when appear to the untenable. 10. Mr. Tiwari learned council for the petitioner submits that the impugned orders are liable to the quashed on the short ground that no prior opportunity was afforded to the petitioner to demonstrate the fact that the degree by him was equivalent to B.A. Degree and this fact is fully established by annexure 5. It was submitted by Mr. Tewari that as no pre-decisional opportunity was given to the petitioner he could not demonstrate that there are many instance of degree possessed by the petitioner being equal to B.A. Degree. It is not disputed that petitioner was appointed as a Religious Pandit on basis of his having Shashtri degree. 11. For the reasons stated above, this application is allowed and the impugned orders as contained in Annexure 4, 9, 10 and 11 are quashed. Lat a writ of mandamus be issued to the respondents to reinstate the petitioner in service granting him all consequential benefits. 11. For the reasons stated above, this application is allowed and the impugned orders as contained in Annexure 4, 9, 10 and 11 are quashed. Lat a writ of mandamus be issued to the respondents to reinstate the petitioner in service granting him all consequential benefits. There will be however no order as to coast. Application allowed.