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Himachal Pradesh High Court · body

2025 DIGILAW 686 (HP)

Ashok Kumar Ghaumta v. State of H. P.

2025-04-08

JYOTSNA REWAL DUA

body2025
JUDGMENT : (Jyotsna Rewal Dua, J.) Petitioner was promoted as Senior Assistant by the respondents on 20.03.2018. Petitioner’s grievance is that he was eligible for such promotion in the year 2016 and respondents had wrongly denied this promotion to him at the relevant time on the ground that he did not possess requisite educational qualification. 2. Facts: 2(i) Petitioner qualified intermediate examination from ‘Madhyamik Shiksha Parishad, Uttar Pradesh’ on 26.07.1995 (Annexure P-1). 2(ii) Petitioner was appointed as a Clerk in the respondent Revenue Department on 20.03.1999. He was placed as Junior Assistant during the year 2008. Petitioner became eligible for further promotion to the post of Senior Assistant in the year 2016. Respondent-Department did not consider the petitioner eligible for promotion to the post of Senior Assistant on the count that he was not in possession of requisite minimum qualification of 10+2. 2(iii) Petitioner represented on 02.01.2017 to the respondent for considering his name for promotion to the post of Senior Assistant. Petitioner projected that his Intermediate Certificate from ‘Madhyamic Siksha Parishad, Uttar Pradesh’ was equivalent to 10+2 Certificate of H.P. Board of School Education. His representation was rejected on 10.03.2017 (Annexure P-5) on the ground that “as per clarification received from the H.P. Board of School Education , the candidates who have passed the Intermediate on or before May, 1988, is equivalent to 10+2. The official has passed the intermediate course in the year 1995. The representation of Sh. Ashok Kumar, Junior Assistant or your office was considered by the DPC and the same was found without merit and hence, rejected. The official may be informed accordingly.” 2(iv) Petitioner qualified 10+2 examination in the year 2018 from the H.P. Board of School Education, Dharamshala. He also obtained Bechelor of Arts Degree in the year 2021 from Indira Gandhi National Open University (IGNOU). Petitioner was promoted as Senior Assistant by the respondents on 20.03.2018, based upon his 10+2 qualification obtained by him in the year 2018. 2(v) In the meanwhile, petitioner collected information from the different channels under the Right to Information Act, 2005. In response to his one such application, the H.P. Board of School Education, Dharamshala, vide its communication dated 12.08.2021 (Annexure P-9), responded that intermediate examination passed in the year 1995 from the Board of High School & Intermediate Education Allahabad, U.P. is equivalent to 10+2 of the H.P. Board of School Education. In response to his one such application, the H.P. Board of School Education, Dharamshala, vide its communication dated 12.08.2021 (Annexure P-9), responded that intermediate examination passed in the year 1995 from the Board of High School & Intermediate Education Allahabad, U.P. is equivalent to 10+2 of the H.P. Board of School Education. In view of above, petitioner has instituted this writ petition seeking following substantive reliefs:- “(a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 10.03.2017 being Annexure P-5 of the writ petition, as unconstitutional and illegal and contrary to the law; (b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to hold review Departmental Promotion Committee and promote the petitioner as Senior Assistant w.e.f the year 2016 on the basis of qualification of Intermediate with all consequential benefits for all purposes and intents alongwith arrears with interest thereon @ 18% p.a.” 3. Submissions 3(i) Learned counsel for the petitioner has heavily banked upon the information supplied to the petitioner by the H.P. Board of School Education, Dharamshala on 12.08.2021 (Annexure P-9) to the effect that intermediate examination passed by the petitioner in the year 1995, from the Board of High School & Intermediate Education Allahabad, U.P. is equivalent to 10+2 of the H.P. Board of School Education. In this regard, learned counsel for the petitioner also placed reliance upon the updated list of recognized/equivalent Boards/ Universities/ Bodies recognized by the H.P. Board of School Education, Dharamshala as on 24.07.2019 (Part of Annexure P-9). In this list, Board of High School & Intermediate Education Allahabad, U.P figures at Sr. No. 28. Intermediate examination (XI & XII) of this Board has been shown as equivalent to Senior Secondary Certificate examination of 10+1 and 10+2 of the H.P. Board of School Education. The Relevant columns from this list are as under:- State Sr. No. Name of the Board/University Name of the Examination Equivalency with Board examination 28 Uttar Pradesh 67 Board of High School & Intermediate Education Board of High School & Intermediate Edu. Allahabad (UP) 1.High School Exam 2. Intermediate Exam (XI & XII) 1 Matric/Hr. Sec. Part-I. 2 Sr. The Relevant columns from this list are as under:- State Sr. No. Name of the Board/University Name of the Examination Equivalency with Board examination 28 Uttar Pradesh 67 Board of High School & Intermediate Education Board of High School & Intermediate Edu. Allahabad (UP) 1.High School Exam 2. Intermediate Exam (XI & XII) 1 Matric/Hr. Sec. Part-I. 2 Sr. Sec. Certificate Exam XI & XII 31 All above 76 All abovementioned recognized Boards/Institutions/Universities Higher Secondary Part- II/ Intermediate/Pre- University Class (PUC) or 10+1 exam passed before May 1988 when Ten Plus Two Scheme was not in vogue Secondary School Certificate (10+2) 3(ii) The respondents in their reply have admitted that the petitioner was not considered for promotion to the post of Senior Assistant by the Departmental Promotion Committee during the year 2016 on account of the fact that he was not in possession of 10+2 or equivalent qualification at that time. According to the respondents, intermediate examination passed by him during the year 1995, from Board of High School & Intermediate Education Allahabad, U.P was not equivalent to 10+2 examination of the H.P. Board of School Education. Respondents have placed reliance upon Sr. No.31 of the above list to project that only the certificates obtained before May 1988 could have been considered i.e. when 10+2 Scheme was not in vogue in the State. 4. I have heard learned counsel for the parties and considered the case file. 4(i) The pleaded defence of the respondents was not in conformity with the stand of the H.P. Board of School Education, indicated in its response to the information sought by the petitioner under the Right to Information Act (Annexure P-9) . Therefore, respondents were directed under different orders passed in this petition, more particularly, on 27.02.2025, 06.03.2025 and 20.03.2025, to clarify the matter. 4(ii) Pursuant thereto, the respondents have placed on record instructions dated 05.03.2025, 19.03.2025 and 03.04.2025. The sum total of these instructions is that pursuant to above orders passed in the writ petition: - - The respondent-Revenue Department got the entire matter clarified from the H.P. Board of School Education, Dharamshala. - The H.P. Board of School Education, Dharamshala vide its letter dated 18.03.2025 conveyed that the ‘Madhyamik Shiksha Parishad, Uttar Pradesh (Board of High School & Intermediate Education Allahabad, U.P)’ is considered equivalent to the H.P. Board of School Education. - The H.P. Board of School Education, Dharamshala vide its letter dated 18.03.2025 conveyed that the ‘Madhyamik Shiksha Parishad, Uttar Pradesh (Board of High School & Intermediate Education Allahabad, U.P)’ is considered equivalent to the H.P. Board of School Education. This equivalency is explicitly mentioned in the list of equivalent Boards/ Universities/Bodies at Sr. No.28 and is granted specifically for the purpose of higher education and admission. The H.P. Board of School Education further clarified in its letter dated 18.03.2025 that Sr. No.31 does not pertain to the case in hand as this provision is specifically meant for granting equivalency to examinations conducted by other State Boards during the period when 10+2 system was not in practice. In view of the above clarification, it is now the admitted stand of the respondents that the intermediate certificate obtained by the petitioner on 24.07.1995 is equivalent to 10+2 examination of the H.P. Board of School Education. 4(iii) After obtaining the above clarification, the respondent-Revenue Department next sought to inquire as to whether aforesaid certificate holds good for the purposes of employment and would entitle the petitioner further promotion as Senior Assistant. The matter was accordingly taken up by the respondents with the State Level Equivalence Committee. This Committee vide its letter dated 26.03.2025 conveyed to the respondents that ‘the present matter does not fall within the purview of the Committee and moreover, the equivalence has already been given by the H.P. Board of School Education, Dharamshala’. 4(iv) In view of above, it has to be held that the intermediate examination passed by the petitioner on 24.07.1995 from the Board of High School & Intermediate Education Allahabad, U.P. is equivalent to 10+2 examination conducted by the H.P. Board of School Education, Dharamshala, hence, the action of the respondent in not considering the petitioner for promotion to the post of Senior Assistant in the meeting of DPC convened in the year 2016 on that count was not justified and bad in the eyes of law. 5. This writ petition, therefore, is allowed. The respondents are directed to hold review Departmental Promotion Committee meeting and consider the name of the petitioner for promotion to the post of Senior Assistant w.e.f. year 2016 at par with that of his counterparts/juniors on the basis of his Intermediate Certificate dated 26.09.1995 from ‘Madhyakik Shiksha Parishad, Uttar Pradesh’. The requisite action be taken within six weeks. The respondents are directed to hold review Departmental Promotion Committee meeting and consider the name of the petitioner for promotion to the post of Senior Assistant w.e.f. year 2016 at par with that of his counterparts/juniors on the basis of his Intermediate Certificate dated 26.09.1995 from ‘Madhyakik Shiksha Parishad, Uttar Pradesh’. The requisite action be taken within six weeks. The result thereof be also taken to its logical conclusion within aforesaid period. Pending miscellaneous application(s), if any, also to stand dispose of.