Jayapreetha P. vs Union Of India & Ors.

Per: Justice Sunil Thomas, Judicial Member -

The applicant herein is a GDS at the Mattupetty ISP Branch Post Office. She assails Annexures A1 and A2.

Applicant claims that she belong to Devikulam Taluk in Idukki district where the majority of the population have migrated from Tamil Nadu. She studied up to SSC with second language as Tamil. Thereafter, she completed B.Tech. She claims that she knows to speak, read and write Malayalam. While so, she responded to Annexure A5 notification inviting applications for appointment of GDS in Kerala circle. She was selected and posted as Assistant BPM, Mattupetty ISP Branch Post Office by Annexure A6 dated 13.6.2020. She successfully completed her training and was appointed with effect from 29.6.2020.

Much later, by Annexure A1 communication dated 18.1.2023 she was informed that she did not submit the X^th class certificate with Malayalam as compulsory or elective subject as per the Recruitment notification No. RECTT/50-1/DLGS/2019 and the eligibility criteria specified in sub Rule II(ii) under Rule 3-B of the Gramin Dak Sevaks (Conduct & Engagement) Rules, 2020. She was given an opportunity to submit a valid eligibility certificate within ten days. She responded by Annexure A9 representation informing that all the documents were produced by her along with her initial application. She had also produced a certificate to show that she had studied Malayalam through Kerala State Literacy Mission Authority. Thereafter, she was issued with Annexure A2 communication dated 1.2.2023 informing that the certificate submitted by her does not indicate that she had studied Malayalam as compulsory or elective subject while submitting the application for the post as per the recruitment notification and the eligibility criteria specified in sub Rule II(ii) under Rule 3-B of the Gramin Dak Sevaks (Conduct & Engagement) Rules, 2020. She was given an opportunity to submit a valid eligibility certificate.

Aggrieved by Annexures A1 and A2 the applicant had approached this Tribunal seeking the reliefs. An interim order was granted by this Tribunal staying the proposed disengagement of the applicant pursuant to Annexures A1 and A2. The relief sought in the OA are:

A reply statement has been filed traversing the various allegations. On the basis of available pleadings, both sides were heard and examined the records.

In the OA it was specifically stated that paragraph V(II) of Annexure A5 notification prescribes that candidates should have studied local language at least up to X^th standard as compulsory or elective subjects as declared by the State Government or as per the Constitutional provision.

An identical issue was the subject matter of consideration by this Tribunal in OA No. 693 of 2019 and other connected matters wherein exactly the same clause in the notification as the eligibility criteria prescribed by clause 3(ii)(a) & (c) of the notification dated 4.10.2021 issued by the Chief Postmaster General, Kerala Circle inviting applications for the Limited Departmental Competitive Examination was under challenge. The vires of the above provision was challenged by the parties therein on various grounds. This Tribunal relying on V.N. Sunanda Reddy & Ors. v. State of Andhra Pradesh & Ors. AIR 1995 SC 914, held that the said clause 7(ii) in RR GSR No. 899(E) dated 20^th September, 2018 to the extent of prescribing that “the candidate should have studied local language at least up to 10^th standard” and the clause 3(ii)(c) in notification No. B2/2-4/2019 dated 26.8.2019 for recruitment to the post of Postman and Mail Guard for the vacancy year 2018 to the extent of prescribing that “the candidate should have studied local language (Malayalam) at least up to 10^th standard” were unconstitutional and were quashed.

Evidently, the factual situation emerging in the present case is exactly similar. Having considered the spirit of the said common order, we feel that Annexures A1 and A2 cannot survive that too at this length of time. It is seen issued almost 2½ years after the engagement of the applicant. Nothing has been brought out specifically to show that her study up to X^th standard in Tamil, has in any manner affected her engagement. Legally, the insistence for such a condition cannot also survive in the light of the common order of this Tribunal.

Having considered this, we feel that Annexures A1 and A2 are liable to be set aside. Accordingly, the OA stands allowed. Annexures A1 and A2 are quashed. The respondents shall allow the applicant to continue as Gramin Dak Sevak, Assistant Branch Post Master, Mattupetty as if Annexures A1 and A2 has not been issued. No order as to costs.

Annexure A1 – True copy of the letter bearing No. GDS/Mattupatty ISP/ABPM dated 18.1.2023 issued by the 4^th respondent.

Annexure A2 – True copy of the letter bearing No. GDS/MattupattyISP/ABPM dated 1.2.2023 issued by the 4^th respondent.

Annexure A3 – True copy of the Secondary School Leaving Certificate bearing Roll No. 4145377 dated 31.5.2011 issued by the Controller of Examinations.

Annexure A4 – True copy of the Scheduled Caste community of the applicant.

Annexure A5 – True copy of the notification bearing No. RECTT/50-1/DLGS/2019 published by the respondents.

Annexure A6 – True copy of letter bearing No. GDS/Rect-2020/Dlg. Dated 13.6.2020 issued by the 4^th respondent.

Annexure A7 – True copy of the provisional engagement by letter bearing No. M2/1-11/RECT dated 9.7.2020.

Annexure A8 – True copy of the communication bearing No. 520153110684640225141 dated 21.11.2021 issued by the Post Master, Thodupuzha.

Annexure A9 – True copy of the representation dated 23.1.2023 addressed to the 4^th respondent.

Annexure A10 – True copy of the Kerala Official Language (Legislation) Act, 1969 as amended 1973 also as downloaded from the website of the Government of Kerala.

Annexure R1 – True copy summary of information available in website www.schoolwiki.in

Annexure R2– True copy of Rule 3B of GDS Conduct & Engagement Rules, 2020.