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1995 DIGILAW 1476 (SC)

Syeed Ahmad v. Secretary, Ministry Of Health And Family Welfare

1995-12-07

G.B.PATTANAIK, S.C.AGRAWAL

body1995
ORDER 1. Leave granted. 2. We have heard learned counsel for the parties. 3. This appeal relates to appointment on the post of Pharmacist (Unani) under the Central Government Health Scheme. On 2-6-1984, an advertisement was issued inviting applications for the said post. The requisite qualifications as mentioned in the advertisement were : "Matriculation with proficiency in Urdu or equivalent Oriental Qualification in UrdulArabic/Persian." 4. The appellant holds the qualification of "Adeeb-e-Mahir" from Jamia Urdu, Aligarh. By Office Memorandum dated 28-6-1978 issued by the Director, Department of Personnel and Administrative Reforms (Ministry of Home Affairs), Government of India, "Adeeb-e-Mahir" of Jamia Urdu, Aligarh has been recognised by the Government of India for the purposes of employment in the Central Government. The nature of recognition, as indicated in the said memorandum, is as follows : "Recognised for the purposes of employment to the posts which require knowledge of Intermediate Standard." 5. The appellant submitted his application for appointment on the post of Pharmacist (Unani) in pursuance of the advertisement referred to above. He was called for interview on 23-12-1984, but he was not selected on the ground that he did not possess the requisite qualification. The appellant submitted a representation against his non-selection but the same was rejected and by letter dated 6-10-1988 of the Administrative Officer, Central Government Health Scheme, the appellant was informed that "Adeeb-eMahir", though recognised for the purpose of employment to the posts where the standard of Urdu required is of intermediate level, is not equivalent to Matriculation which is the required qualification for the post of Unani Pharmacist. Thereupon, the appellant moved the application (OA No. 9 of 1989) before the Central Administrative Tribunal (hereinafter referred to as "the Tribunal"). The said application of the appellant was, however, dismissed by the Tribunal by the impugned judgment dated 4-2-1994. Hence this appeal. 6. The Tribunal has proceeded on the basis that matriculation is the basic qualification for the post of Pharmacist (Unani) and that "Adeeb-e-Mahir" is not a qualification equivalent to matriculation and is only recognised for the purpose of employment to the post which required knowledge of Urdu of Intermediate Standard. We find it difficult to subscribe to the said view of the Tribunal. The qualifications which were required, as per the advertisement, are "Matriculation with proficiency in Urdu or equivalent Oriental Qualification in Urdu/Arabic/Persian". We find it difficult to subscribe to the said view of the Tribunal. The qualifications which were required, as per the advertisement, are "Matriculation with proficiency in Urdu or equivalent Oriental Qualification in Urdu/Arabic/Persian". The said qualifications can be split up into two parts (i) matriculation with proficiency in Urdu or (ii) equivalent oriental qualification in Urdu/Arabic/Persian. We are unable to construe the latter part, viz., "Oriental Qualification in Urdu/Arabic/Persian" as a substitute for "proficiency in Urdu" in the first part. The word "qualification" after the word "oriental" would indicate that oriental qualification in Urdu/Arabic/Persian" is a complete requirement in the place of "matriculation with proficiency in Urdu". In other words, a person possessing an oriental qualification in Urdu/Arabic/Persian which is equivalent to matriculation would satisfy the requirement. Admittedly, the appellant does not possess the qualification of matriculation. The question is whether he possesses an oriental qualification in Urdu/Arabic/Persian which is equivalent to matriculation. As per the Office Memorandum dated 28-6-1988, "Adeeb-e-Mahir" has been recognised by the Government of India for the purpose of employment to the posts which require knowledge of intermediate standard. This rneans that "Adeeb-e-Mahir" is a qualification which is recognised as equivalent to Intermediate Standard. It cannot, therefore, be said that "Adeeb-e- Mahir" is not a qualification equivalent to matriculation with proficiency in Urdu and it must be held that the appellant was wrongly denied consideration for appointment on the post of Pharmacist (Unani). 7. The appeal is, therefore, allowed, the judgment dated 4-2-1994 passed by the Tribunal is set aside and the respondents are directed to consider the application of the appellant for appointment on the post of Pharmacist (Unani) which was submitted by him in response to the advertisement dated 2-6-1984 and in case the appellant has crossed the age bar the necessary relaxation be made in that regard. 8. No costs.