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2001 DIGILAW 421 (AP)

Umma Salma Parveen v. GGovernment Of A. P. , EDUCATION DEPT.

2001-04-13

N.V.RAMANA, S.B.SINHA

body2001
SATYABRATA SINHA, C. J. ( 1 ) THIS writ appeal is directed against a judgment dated 21st July, 2000 passed by a learned Single Judge of this Court in w. P. No. 13171 of 2000 whereby and whereunder the writ petition filed by the appellant herein was dismissed. ( 2 ) THE appellant was working as Urdu munshi. She applied for appointment as grade-II Urdu Munshi. The qualifications prescribed for holding the said post of Urdu munshi Grade-II are as under:"a candidate with BA, with concerned language as one of the optional subjects and Pandit Training or its equivalent or B. Ed. , may also be appointed. " ( 3 ) IT is admitted that the appellant is a graduate and also holds post-graduate degree in Urdu. She also has undergone hindi Pandit Training and possesses Hindi pracharak Diploma Certificate awarded by the Dakshina Bharat Hindi Prachar Sabha, madras, which is equivalent to Pandit training. While dismissing the writ petition filed by the appellant herein, the learned single Judge observed:"if the contention of the learned counsel for the petitioner is accepted, even a candidate with Hindi Pandit training or B. Ed. , in Hindi is also eligible for the post of Grade-II Urdu munshi. That would be illogical. It is well settled that while interpreting statutory rules, illogical elements have to be shirked and the Rules should be interpreted so as to arrive at the intention of the Rule making authority. No reasonable man would even think that a person who passed hindi Pandit training will also be eligible for holding the post of grade-II Urdu Munshi. " ( 4 ) A bare perusal of Rule 5 of the A. P. School Education Subordinate Service rules, prima facie, would show that the appellant fulfils the eligible criteria. The learned Government Pleader, however, submits that there are three different types of training classes for Pandits Pandit training for teaching in Urdu, Telugu and hindi languages and thus Rule 5 should be interpreted in that context. Nothing had been placed either before the learned Single judge or before us to show that such different types of training classes are available and the same would be an essential qualification for holding the post of Urdu Grade-II Munishi. Nothing had been placed either before the learned Single judge or before us to show that such different types of training classes are available and the same would be an essential qualification for holding the post of Urdu Grade-II Munishi. ( 5 ) KEEPING in view this aspect of the matter, which has not been gone into by the learned Single Judge, we are of the opinion that the impugned order cannot be sustained inasmuch as the writ petition requires a hearing on merit. The impugned order, therefore, set aside and the matter is remitted to the appropriate Bench for fresh disposal on merit upon issuing notice to the third respondent. The learned Government pleader has stated that counter would be filed within two weeks. The writ appeal is accordingly allowed.