@JUDGMENTTAG-ORDER
Parvatha Rao, J.@mdashThe petitioner passed the entrance examination in Karnatak Music (Vocal) conducted by the State Board of Technical Education at Vijayawada held in the month of April, 1972 and subsequently she studied and passed B.A. Degree examination from Andhra University with Music as the main subject. The Andhra University had given her a certificate dt. 1-3-1984 certifying that the petitioner had been duly admitted to the Degree of Bachelor of Arts in that University after she was declared to have passed the examination prescribed therefore and it was also mentioned therein that Music was her main subject.
2. The petitioner applied for the post of Music Teacher in Kendriya Vidyalaya, Air Force Station, Suryalanka, Bapatla and the 3rd respondent i.e., the Principal of the said Kendriya Vidyalaya appointed her as Music Teacher with effect from 11-1-1985 on temporary and adhoc basis. She was relieved on completion of academic year on 30-4-1985. Subsequently she appeared for interview on 16-9-1985 and was selected for the post of Music Teacher and was appointed as such on temporary and adhoc basis in Kendriya Vidyalaya, G.T.Road, Guntur and worked till 30-4-1986 only. The Principal, Kendriya Vidyalaya, Guntur also gave a certificate dated 30-4-1986 to the petitioner that she worked in the said Vidyalaya on adhoc basis from 10-10-1985 to 30-4-1986 and that she showed keen interest in all the activities of the Vidyalaya and that her contribution in training the children for Radio Programmes, various competitions and school day celebrations were praiseworthy and that her character and conduct was very good. Once again the petitioner was selected for the post of music teacher on temporary and adhoc basis till 30-4-1988 and she worked as such from 4-9-1987 to 30-4-1988 in Kendriya Vidyalaya at Guntur as per the certificate given by the Principal of the said Vidyalaya.
3. Thus even though the petitioner was applying pursuant to advertisements issued calling for applications for the post of Music teacher in Kendriya Vidyalaya, the petitioner was not being appointed on regular basis and in March, 1988 she discovered that the reason why she was not being considered for regular appointment was that her B.A. degree in Music of the Andhra University was not accepted as the requisite qualification for appointment as Music Teacher in Kendriya Vidyalayas. She addressed a detailed letter dated 19-5-1988 to the 1st respondent. Therein she stated that she applied for the post of Music teacher in Kendriya Vidyalayas in response to the advertisement issued in September, 1987 and that her application reference was No. 03/03/070 and that as she was not called for interview she met the 1st respondent on 1.3.1988 and requested him to consider her application and call her for interview and that the 1st respondent informed her that he had a doubt whether her B.A. degree with Music as main subject and History and Telugu as ancillaries was equivalent to the qualification prescribed for the post of Music Teacher in Kendriya Vidyalayas. Therein she also stated that as per the 1st respondent''s advice she got a clarification from the Andhra University that her degree was much more than the qualification required for the post of Music teacher in Kendriya Vidyalaya as per the advertisement issued calling for applications for the said post. She also stated therein that she enquired from the Regional Office of the Kendriya Vidyalaya Sangathan of Madras Region and came to know that applications of candidates with the same qualification as hers were accepted and the said candidates were being called for interview in Madras Region. She also requested the 2nd respondent and the authorities of the Kendriya Vidyalaya Sanghthan to obtain clarification directly from the Andhra University. The 1st respondent replied by his letter No.F.16-8/87 KVS (HR)/1157, dt.23-5-88 stating as follows:-
"In terms of advertisement the prescribed qualification for the post of Music Teacher is Degree in Music from a recognised university. You are a Arts Graduate holding B.A. Degree with Music as one of the subjects. Since you do not possess prescribed qualification, your candidature for the post of Music Teacher could not be considered. This is for your information please."
4. The petitioner sought clarification from the Andhra University as to whether the B.A. Degree awarded to her with music as main was equivalent to diploma in music. By Memorandum No. L5/Misc./88, dt.23-7-1988 the University clarified that the qualification of B.A. Degree with music as main passed by her in that University was equivalent to Diploma in Music of that University. On the basis of the said clarification issued by the Andhra University the petitioner represented to the 1st respondent by her letter dt.3-8-1988 that the Assistant Registrar (Academic), Andhra University, Waltair was kind enough to issue a letter stating that B.A. Degree of Andhra University with main subject Music was equivalent to the Diploma in Music of Andhra University and that the 1st respondent was considering the applications of candidates with the qualification of Diploma in Music of Andhra University for the post of Music Teacher and that such candidates were interviewed and posted as Music Teachers in Kendriya Vidyalayas of Hyderabad region by the 1st respondent himself. She therefore requested that she may also be called for interview and ''given a posting as Music Teacher in Kendriya Vidyalayas of Hyderabad region. She also enclosed a photostat copy of the said letter of the Assistant Registrar of the Andhra University, Waltair dt. 23-7-1988. However, by letter dt.11-8-1988 she was informed by the Administrative Officer of Kendriya Vidyalaya Sangathan, Regional Office, Hyderabad that the matter was considered in the light of the Memorandum dt.23-7-1988 issued by the Assistant Registrar of Andhra University and that it was found that the petitioner did not fall within the zone of consideration.
5. It is not in dispute - and in fact it is accepted in the counter affidavit filed on behalf of the respondents - that pursuant to an advertisement published in December, 1988 the petitioner applied for the post of Music Teacher. A copy of the advertisement as had appeared in Vijayawada Edition of Indian Express on 31-12-1988 is filed along with the Writ Petition. The essential qualifications for Music Teacher are given as follows;
"Degree in Music from a recognised University or Higher Secondary with any of the following viz., Sangeet Visharad of Gandharva Mahavidyalaya, Bombay or equivalent qualification from other recognised institutions........."
Certain degrees/diplomas awarded by Pracheen Kala Kendra were also enumerated. In the counter affidavit filed on behalf of the respondents it is stated that the petitioner did not fall within the zone of consideration and there fore she was not called for interview. Subsequent to her applying pursuant to the advertisement dt.31-12-1988, the petitioner was interviewed on 20-8-1989 by the 3rd respondent''s Kendriya Vidyalaya and she was selected for the post of music teacher in the total pay of Rs. 1200/- per month purely on temporary and adhoc basis till 30-4-1990 or till the regular incumbent joined whichever was earlier and she was appointed in September, 1989. But later by letter dated 1-12-1989, the 3rd respondent informed her that in view of the letter from the 1st respondent, her services were no longer required from 1-12-1989 since her appointment was not approved by the Regional Office. The only reason why she was not allowed to continue as Music Teacher is that her B. A. Degree in Music is not treated as requisite qualification for appointing her as Music Teacher. In the Counter Affidavit dt. 31-7-1992 filed on behalf of the respondents by the 1st respondent herein it is stated as follows:
"Further, it is to submit that on seeking clarification the Registrar of A.U. clarified that B.A. Degree in music awarded from A.U. is equal to the Diploma in Music awarded by them. But, he did not clarify that the said Diploma in Music awarded by A.U. is equivalent to the qualifications prescribed by the KVS for the post of Music Teacher in terms of duration of course and syllabus etc.
Therefore, in the light of the above, it was not possible for this Office to treat B.A. Degree with Music as one of the optional subjects equal to the qualifications prescribed by the Kendriya Vidyalaya Sangathan."
6. Earlier, when the respondents did not recognize the Diploma in Music awarded by the Andhra University as the requisite qualification for appointment as Music Teacher, one Ch. Vijayalaxmi approached this court by way of Writ Petition No. 1390 of 1990 pointing out that another candidate having a Diploma in Music from the Andhra University was in fact appointed as Music Teacher by the respondents. That was not disputed by the respondents in that Writ Petition and in view of that circumstance, M.N. Rao, J., allowed the said Writ Petition holding as follows;-
"Whether the diploma awarded by the Andhra University is an equivalent to the diploma awarded by the other Universities is a matter which cannot be gone into by this Court; this Court has neither the power nor the expertise to enquire into such questions. Only a body comprising experts in the fields alone is capable of examining a question of this nature.
However, as regards the second contention urged by the petitioner namely that there has been a discrimination in her case, the petitioner must succeed and the Writ Petition must be allowed,
As already mentioned supra, the assertion of the petitioner that two other teachers selected by the first respondent as music teachers also possessed the same qualification like her, namely Diploma in Music awarded by the Andhra University, is admitted in the counter affidavit. It is, therefore, clear that in the past the first respondent has considered the diploma awarded by the Andhra University as equivalent to the qualifications mentioned in the advertisement for admission to the post of music teachers."
7. If Diploma in music awarded by the Andhra University is considered as equivalent to the qualifications mentioned for appointment as Music Teachers, there is no good reason why a Degree in Music awarded by Andhra University cannot be treated as an equivalent qualification especially when the Andhra University has given an official clarification that B.A. Degree with music as main of that University is equivalent to the Diploma in Music of that University. In the counter affidavit of the respondents, no reason whatsoever is given for not treating B.A. Degree with music as main in the Andhra University as equivalent to Diploma in Music or a Degree in music. I am satisfied that the respondents are taking an unreasonable and unsustainable stand in view of the clarification given by the University itself.
8. The Writ Petition is therefore allowed as prayed for. No costs.
