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TMI Blog2019 (9) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... he language paper of a level which is equivalent to the level of the language as taught in the graduation level and not any part time course conducted by a University is a plausible if not possible interpretation which ought not to have been interfered with by the Writ Court. This Court cannot but take judicial notice of the fact that universities do not usually allow students to opt for a language subject at the graduation level if the subject was not cleared at the Higher Secondary level - the documents annexed by the Respondent No.1 reveals that candidates who have studied the language at some level before the graduate level are debarred from admission to the Certificate Course, which makes it obvious that the course is of elementary level - Significantly, the Respondent No.1 has not produced any document or certificate of the Delhi University certifying that the certificate course in Bengali is of a standard equivalent to Bengali language at the post Higher Secondary level. Appeal allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules provides as follows:- "5. Additional essential qualification of candidate.- A candidate willing to be selected as a Teacher in any School or Madrasah, having Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu as the medium of instruction, must have Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu, as the case may be, as first or second or third language at any of the Secondary or Higher Secondary or Graduation level - (a) at Secondary level or the Board or Board of Madrasah or equivalent; or (b) at Higher Secondary level of the Council or equivalent; or (c) at any subsequent higher level of education in that language paper." The said advertisement No. 01/AT/08 inter alia set forth the eligibility criteria for the teaching posts advertised. Paragraph/Note 2 of the said advertisement read:- "Medium of instruction…… Vacancies are mainly in Bengali medium schools (excluding Madrasahs). Candidates applying for School (excluding Madrasah) with particular language as medium must have that language of the medium as first or second or third language at Secondary level of the West Bengal Board of Seco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. The Respondent No.1 was successful in the Written Test after which a letter dated 25.5.2009 was issued to the Respondent No.1 asking him to appear for a personality test scheduled to be held on 6.7.2009. The letter inviting the Respondent No.1 for the personality test read:- "7. You are requested to appear for the Personality Test on the assumption that you fulfil the requirements of educational qualifications etc. in terms of Advertisement made by the Commission in connection with the Examination. ……………….. Please note that your candidature is liable to be rejected at any stage, if you are found ineligible according to the terms of Advertisement No.01/AT/08 dated 26.08.08, the WBSSC Act, 1997, the WBSSC (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 and in terms of provisions of Indian Penal Code without assigning any reason as well as in terms of ITEM NOS. 17, 18 and 19 of the Application Form meant for 9th RLST (AT), 2008." 13. The Respondent No.1 was asked to produce all documents in support of his eligibility in original, which he did, at the time of the personality test. The Respondent No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Single Judge, the Appellants filed an appeal being F.M.A.T. No.1296 of 2010, later numbered as FMA 3324 of 2015, which was dismissed by impugned order dated 27.6.2016 which is under appeal. 20. The Division Bench rejected the argument advanced on behalf of the Appellants that a one year part time Certificate Course in Bengali from the University of Delhi was not a course contemplated in Rule 5(c) of the 2007 Rules. The Division Bench found that the Respondent No.1 indisputably did not come under Rule 5(a) or Rule 5(b). The question was whether he came under Rule 5(c). The Division Bench answered the aforesaid question in favour of the Respondent No.1 holding as follows:- "Since the Rules do not specifically state that Certificate Course is not a course which is subsequent to higher level of education and the respondent No.1/writ petitioner fulfilled the parameters of Rule 5(c), the learned Single Judge was justified is passing the order impugned" 21. The Division Bench, by its order under appeal, directed Appellant No.2 to recommend Respondent No.1 for appointment as Assistant Teacher of Arabic (pass) in Bengali to the school. 22. The Division Bench and the Single Bench h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of jurisdiction under Article 226 of the Constitution of India does not sit in appeal over an administrative decision. The Court might only examine the decision making process to ascertain whether there was such infirmity in the decision making process, which vitiates the decision and calls for intervention under Article 226 of the Constitution of India. 28. In any case, the High Court exercises its extraordinary jurisdiction under Article 226 of the Constitution of India to enforce a fundamental right or some other legal right or the performance of some legal duty. To pass orders in a writ petition, the High Court would necessarily have to address to itself the question of whether there has been breach of any fundamental or legal right of the petitioner, or whether there has been lapse in performance by the respondents of a legal duty. 29. The High Court in exercise of its power to issue writs, directions or orders to any person or authority to correct quasi-judicial or even administrative decisions for enforcement of a fundamental or legal right is obliged to prevent abuse of power and neglect of duty by public authorities. 30. In exercise of its power of judicial review, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Paragraph 2 of the advertisement and/or Rule 5 (c) of the Rules, which reads "must have succeeded in higher level of education in that language paper" by the authorities as success in the language paper at the graduation level or the post graduation level, or alternatively an examination in the language paper of a level which is equivalent to the level of the language as taught in the graduation level and not any part time course conducted by a University is a plausible if not possible interpretation which ought not to have been interfered with by the Writ Court. 35. This Court cannot but take judicial notice of the fact that universities do not usually allow students to opt for a language subject at the graduation level if the subject was not cleared at the Higher Secondary level. As observed above documents annexed by the Respondent No.1 reveals that candidates who have studied the language at some level before the graduate level are debarred from admission to the Certificate Course, which makes it obvious that the course is of elementary level. 36. Significantly, the Respondent No.1 has not produced any document or certificate of the Delhi University certifying that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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