Chandrakala Trivedi v. State of Rajasthan & ORS

Case Details & Bench

Court: High Court
Hon'ble Judges: Asok Kumar Ganguly
T. S. Thakur
Judgment Date: 2012-01-12
Court Decision / Holding: The appeal is allowed. The High Court’s view is set aside. The appellant should be considered reasonably, and the provisional appointment should not be cancelled. The Public Service Commission is directed to make a suitable recommendation within four weeks from today in light of this judgment, and the State, as a party, will appoint accordingly within four weeks thereafter. The appeal is disposed of. No costs.
Final Disposition: Appeal disposed of. No costs.

Parties to the Case

Appellants / Petitioners

Chandrakala Trivedi

Respondents

State of Rajasthan
ORS

Legal Representation & Advocates

Counsels for Petitioners

• Aishwarya Bhati

Counsels for Respondents

• Surya Kant
• Pranav Vyas
• Dushyant Parashar
• Neeraj Kumar Sharma
• Purnima Jauhani
• A. V. Rangam
• Buddy A. Rangadhan
• Milind Kumar

Case Synopsis & Summary

Chandrakala Trivedi v. State of Rajasthan & Ors. concerns the provisional appointment to a teaching post in Rajasthan and the eligibility criteria for Level II Upper Primary/Middle School positions. The Rajasthan Public Service Commission cancelled the appellant’s provisional selection after she failed to pass Higher Secondary/Senior Secondary Examination, despite later acquiring higher qualifications — graduation, B.Ed., and MA — which she argued should be treated as equivalent to the required Senior Secondary/Intermediate. The High Court dismissed her challenge on the ground that Senior Secondary or Intermediate is the basic qualification and higher qualifications cannot substitute. The Supreme Court held that the basic qualification is indeed Senior Secondary or Intermediate or its equivalent, but that the word 'equivalent' must be given a reasonable meaning, allowing some flexibility without lowering the stated requirement. It acknowledged that provisional selection creates a degree of reasonable expectation of continuation, and thus the appellant should be considered reasonably for appointment. The Court disposed of the appeal by directing the Public Service Commission to make a suitable recommendation within four weeks and the State to make appointment thereafter within four weeks, with no costs. The decision emphasizes a balanced interpretation of 'equivalent' and fairness in provisional appointments.

Legal Doctrines & Maxims

Provisional appointment creates a reasonable expectation of continuation
Meaning of 'equivalent' should be given a reasonable interpretation allowing flexibility without lowering the stated requirement

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that after passing the Secondary Examination, it was permissible to progress to higher classes via a preparatory course, and that her subsequent qualifications (B.Ed., M.A.) render her eligible under the qualification criteria. She argues that higher qualifications should be treated as equivalent to Senior Secondary/Intermediate, and that provisional appointment creates a reasonable expectation of continuation which cannot be cancelled without fair cause. The High Court erred in not recognizing the flexible meaning of 'equivalent' and in not acknowledging the provisional appointment’s continuing expectation.

Contentions of Respondents

The respondents contend that the basic qualification is Senior Secondary or Intermediate or its equivalent, and that provisional selection cannot stand if the candidate has not met this basic criterion. They rely on the High Court’s interpretation that higher qualifications do not substitute for the required basic qualification, and that the term 'equivalent' should not be read to erase the basic standard. They seek to uphold cancellation of provisional selection, emphasizing adherence to the stated qualification and the integrity of the selection process.

Extracted Judgment Text

Exact text extracted from official judgment records.

# [2012] 2 S.C.R. 959 # CHANDRAKALA TRIVEDI A _v._ # STATE OF RAJASTHAN & ORS. (Civil Appeal No. 400 of 2012) JANUARY 12, 2012 B **[ASOK KUMAR GANGULY AND T.S. THAKUR, JJ.]** - - - _Service Law Appointment Qualification Educational_ - - _qualification Appointment to the post of Teacher Provisional selection of appellant cancelled as he had not_ C _passed Higher Secondary/Senior Secondary Examination_ - _after passing the Secondary Examination Plea of appellant that at the time when she passed the Secondary Examination, it was permissible for_ a _candidate passing the Secondary f=xamination to get admission in the higher classes with_ a D _preparatory course; and that she had thereafter acquired higher qualifications such as B.Ed. Degree as also_ a _M.A degree and thus, satisfied the criteria of the required qualification for appointment to the post in question_ - _Plea of appellant negated by the High Court, inter alia, on the_ E _ground that as the appellant had not passed the Senior Secondary Examination, which is the basic qualification for the post in question, the candidature of appellant cannot be_ - _considered Held: The view taken by the High Court cannot be appreciated_ - _The basic qualification required was Senior_ F _Secondary or Intermediate or its equivalent_ - _High Court erroneously did not consider higher qualification as equivalent to the qualification of passing Senior Secondary examination even in respect of_ a _candidate who was provisionally selected_ - _The word 'equivalent' must be given_ a _reasonable meaning_ G - _By using the expression, 'equivalent' one means that there are some degrees of flexibility or adjustment which do not_ - _lower the stated requirement There has to be some_ - _difference between wh_at. is equivalent and what is exact_ E H 959 960 SUPREME COURT REPORTS [2012) 2 S.C.R. A _Apart from that after a person is provisionally selected, a cel1ain degree of reasonable expectation of the selection_ - _being continued also comes into existence Appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelled._ ## B - - _Words and Phrases "equivalent" Meaning of._ ' The appellant was provisionally selected for appointment to the post of Teacher. After the appellant was provisionally selected, she received a letter from the C State Public Service Commission informing her that provisional selection has been cancelled as the appellant did not pass the Higher Secondary/Senior Secondary Examination after passing the Secondary Examination. The case of the appellant was that at the time when 0 she passed the Secondary Examination, it was permissible for a candidate passing the Secondary Examination to get admission in the higher .classes with a preparatory course; that the appellant thereafter E completed her graduation, and also obtained B.Ed. Degree as also a M.A degree and in that view of the maf:ter, the appellant satisfies the criteria of the required· qualification for appointment to the post in question. The case of the appellant was, however, dismlissed F by the High Court, _inter alia,_ on the ground that a:s the appellant had not passed the Senior Secondary Examination, which is the basic qualification for the post in question, the can_didature of the appellant cann1:>t be considered. ## G Disposing of the appeal, the Court HELD:1. The view taken by the High Court cannot be appreciated. From the qualifications mentioned, it is clear . _/_ that the basic qualification is Senior~ Secondary or H Intermediate or its equivalent. [Para 7] (963-D] CHANDRAKALA TRIVEDI _v._ STATE OF RAJASTHAN 961 & ORS. 2. In the impugned judgment, the High Court has A given a finding that the higher qualification is not the substitute for the qualification of Senior Secondary or Intermediate. One fails to appreciate the reasoning of the High Court to the extent that it does not consider higher qualification as equivalent to the qualification of passing B Senior Secondary examination even in respect of a candidate who was provisionally selected. The word 'equivalent' must be given a reasonable meaning. By using the expression, 'equivalent' one means that there are some degrees of flexibility or adjustment which do not c lower the stated requirement. There has to be some difference between what is equivalent and what is exact. Apart from that after a person is provisionally selected, a certain degree of reasonable expectation of the selection being continued also comes into existence. [Para 8) (963E-G] D · 3. Considering these aspects of the matter, it is clear that the appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelle~. It is hoped and expected the respondent Public Service Commission shall make a suitable recommendation in the light of the observation in this judgment and the State, which is also a party, will make an appointment accordingly thereafter. [Paras 9, 10) (963-H; 964-A-C] E F CIVIL APPELLATE JURISDICTION : Civil Appeal No. 400 of 2012. From the Judment and Order dated 19.01.2009 of the High Court of Rajasthan at Jodhpur in Special Appeal (Writ) No. 409 G of 2008. Aishwarya Bhati for the Appellant. Surya Kant, Pranav Vyas, Dushyant Parashar, Neeraj 962 SUPREME COURT REPORTS [2012] 2 S.C.R. A Kumar Sharma, Purnima Jauhani, A.V. Rangam, Buddy A. Rangadhan and Milind Kumar for the Respondents. The Judgment of the Court was delivered by B **GANGULY, J.** 1. Leave granted. 2 .. we have heard learned counsel for the parties. 3. This appeal is directed against the impugned judgment and order dated 19.01.2009 passed in Special Appeal No. 409 C of 2008 of the High Court of Rajasthan. The controversy arises out of the appellant's appointment to the post of Teacher for primary and upper primary schools. 4. The appellant was provisionally selected for appointment to the post of Teacher. The educational D qualification required for appointment to the Level(ll) Upper Primary Middle School Section is; (I) Senior Secondary School Certificate or intermediate or its equivalent; and E (II) Diploma or certificate in elementary teachers training of duration of not less than two years OR Bachelor of Elementary Education (B.E. Ed.) OR Graduate with Bachelor of Education( B.Ed) or its equivalent" F 5. After the appellant was provisionally. selected, she received a letter dated 26.09.2007 from the Rajasthan Public Service Commission informing her that provisional selection has been cancelled as the appellant did not pass the Higher Secondary/Senior Secondary Examination after passing the G Secondary Examination. 6. The case of the appellant is that at the time when she passed the Secondary Examination, it was permissible for a candidate passing the Secondary Examination to get admission in the.higher classes with a preparatory course. The H appellant thereafter completed her graduation from .the Indira CHANDRAKALA TRIVEDI _v._ STATE OF RAJASTHAN 963 & ORS. [ASOK KUMAR GANGULY, J.] Gandhi Open University. Then the appellant got her B.Ed. A Degree on a regular basis from Maharishi Dayanand Saraswati University, Ajmer, Rajasthan. The appellant then also got her M.A degree from the same University. In that view of the matter, learned counsel for the appellant submits, that the appellant satisfies the criteria of the required qualification for appointment B to the post in question. The case of the appellant has, however, been dismissed both by the Single Judge and also by the Division Bench of the High Court, inter alia, on the ground that as the appellant has not passed the Senior Secondary Examination, which is the basic qualification for the post in c question, the candidature of the appellant cannot be considered. 7. We fail to· appreciate the aforesaid view taken by the High Court. We find that from the qualifications which have been mentioned, it is made clear that the basic qualification is Senior Secondary or Intermediate or its equivalent. We find that the appellant on the basis of her qualification was provisionally selected after she had submitted her requisite testimonials. D 8. In the impugned judgment, the High Court has given a . finding that the higher qualification is not the substitute for the qualification of Senior Secondary or Intermediate. In the instant case, we fail to appreciate the reasoning of the High Court to the extent that it does not consider higher qualification as equivalent to the qualification of passing Senior Secondary examination even in respect of a candidate who was provisionally selected. The word 'equivalent' mustbe given a reasonable meaning. By using the expression, 'equivalent' one· means that there are some degrees of flexibility or adjustment which do not lower the stated requirement. There has to be some difference between what is equivalent and what is exact. Apart from that after a person is provisionally selected, a certain degree of reasonable expectation of the selection being continued also comes into existence. E F G 9. Considering these aspects of the matter, we are of the H 964 SUPREME COURT REPORTS [2012] 2 S.C.R. - A view that the appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelled. We order accordingly. 10. However, we make it clear that we are passing this 8[order taking ][in ][our view the special facts ][and ][circumstances ] of the case. We hope and expect the respondent Rajasthan Public Service Commission shall make a suitable recommendation in the light of the observation in this judgment within four weeks from today and the State, which is .also a C party, will make an appointment accordingly within four weeks thereafter. 11. The appeal is disposed of. No costs. B.El.B. Appeal disposed of.