G. Nallammal vs Shanthi and Others

Markandey Katju, C.J.—These writ appeals have been filed against the impugned order of the learned single Judge dated 1-10-2004.

We have heard Shri R. Muthukumaraswamy. learned senior counsel for the Appellant and find no merit in the appeal.

Award of L.P.G. Distributorship in favour of the Appellant herein by the Indian Oil Corporation was challenged by the unsuccessful candidates on the ground that she does not possess the minimum educational qualification, viz. SSLC/Matriculation Pass. The learned single Judge allowed the writ petitions and quashed the order of appointment of the Appellant herein as LPG Distributor. Aggrieved, the Appellant has filed this writ appeal.

Admittedly, the Appellant does not hold any SSLC/Matriculation Pass Certificate issued by the statutory Board of Education. She claims that she had passed Class X Examination under old pattern (in the year 1965-66), which was conducted by the school itself where she studied and holds a certificate issued by the said school to that effect, which is equivalent to the current SSLC examinations. But admittedly that examination was not a ''public examination'' like SSLC or Matriculation examination conducted by an external statutory agency, viz. State Board of Education. In our opinion, a pass in the SSLC/ Matriculation examination means a certificate to that effect issued by a statutory board of education, which is an authority external to the school itself where the candidate studied. Merely passing an examination conducted by the school itself, which, in our opinion, is an ''internal examination'' and holding a certificate issued by the very school itself will not be equivalent to the certificate issued by an external statutory agency like Board of Education, as rightly held in paragraph 33 of the judgment of the learned single Judge. The Appellant appeared for the SSLC examinations, which was equivalent to Class XI but failed. We cannot treat a failed candidate as a passed candidate as that would be an absurd logic.

We see no infirmity in the impugned order of the learned single Judge. The appeals have no merits. They are dismissed. Connected WAMP Nos. 76 to 79 are closed.