Sumitra Devi vs State of Himachal Pradesh and Another

P.D. Desai, C.J.

Only portions approved for reporting have been reported.

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The recruitment to the post, inter-alia, of Beldar is governed by the Rules framed by the State Government under Article 309 of the Constitution. Those Rules are called the Himachal Pradesh Horticulture Class-IV Service (Recruitment, Promotion and Certain Conditions of Service) Rules, 1973. Rule 6 specifies the various categories of posts which are comprised in the service and also prescribes the source of recruitment. The source of recruitment is separately prescribed qua each post or group of posts. The posts of Mali, Beldar, Jamadar, Budder and Gardener-cum-Operator are all clubbed together and for all those posts the source is direct recruitment. Rule 7 prescribes the educational and technical qualifications of the candidates for different posts. For the posts of Mali, Beldar, Jamadar, Budder and Gardener-xum-Operator, the following qualifications are prescribed:

Should be literate. Preference will be given to candidates having experience in Gardening or a certificate of Gardeners training class.

The question of interpretation arises in the context of the word "literate" occurring in Rule 7 which prescribes the qualifications. The word "literate" is derived from the word "literacy". "Literacy", according to the New Oxford Illustrated Dictionary, means "ability to read and write". The same Dictionary gives the following meanings of the word "Literate":

Having some acquaintance with literature; (now usually) able to read and write.

Literate person. 2. Man admitted to Anglican orders without university degree."

The Webster''s Third New International Dictionary assigns the following meanings to the words "Literacy" and "Literate";

"Literacy": 1. the quality or state of being literate;

an ability to read a short simple passage and answer questions about it.

"Literate": 1. a. an educated person, b. one who can read and write.

one admitted to holy orders in the Church of England without having a university degree.

Having regard to the posts in question in connection with which the word "literate" is used, the meaning which must appropriately apply is "one who can read and write". Besides, it would be pertinent to point out that Rule 7 prescribes qualifications for certain other posts also and if the Rule is read as a whole, it becomes clear that the aforesaid is the only meaning which could be reasonably ascribed to the said word. For the other posts for which educational qualifications are prescribed in the Rule, it is clearly mentioned that the candidate should be either a Matriculate or Middle pass or one who has passed the Primary standard. The context and collocation, therefore, clearly indicate that for the posts of Mali, Beldar, Jamadar, Budder, Gardener-cum-Operator, the candidates are not required to have any formal education or schooling. It is sufficient if they can read and write even if they have not received any formal education.

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