JUDGMENT D.K. Seth, J.
1. The petitioner was promoted to the post of lecturer on account of his being the seniormost L.T. Grade teacher in the promotion quota, but his salary for the post of lecturer was not paid to him on the ground that the petitioner did not possess the requisite qualification. By virtue of an interim order dated 5th December. 1997, it is contended by Mr. A. K. Goyal, that the petitioner is being paid the pay in the Lecturer's Grade. In the counter-affidavit, it has been pointed out that the petitioner does not possess the requisite qualification as provided in Appendix A to the regulations framed under the U. P. Intermediate Education Act. 1921, in reference to Regulation 1, Chapter II thereof.
2. Mr. K. R. Singh, learned standing counsel has referred to paragraph 5 of the counter-affidavit where such a stand has been taken. Mr. Goyal on the other hand refers to the appendix and points out that for the post of lecturer, the requisite qualification is M.A. in Hindi and B.A.
with Sanskrit or Shastri Examination from Government Sanskrit College, Varanasi. now Sampurnanand University, Varanasi.
3. Admittedly, the petitioner is an M.A. in Hindi. He was also B.A. in Hindi. But he did not have Sanskrit in B.A. This was the ground of objection put forth by Mr. K.R. Singh that unless the petitioner had Sanskrit in B.A., he is not qualified for the post of lecturer. According to him the qualification for the post of Lecturer and L.T. Grade teacher for High School is distinct and different. Though a person may be qualified as High School teacher but he cannot be qualified for the post of lecturer unless he possesses the requisite qualification for the post of lecturer.
4. Mr. Goyal on the other hand contended that by virtue of Government Notification dated 16th March, 1978, the text whereof is Included in the Appendix, a teacher having the requisite qualification for being appointed as a teacher in the High School need not have Sanskrit in B.A. But that question cannot apply in the case of the petitioner since a cut-off date 5th April, 1975 has been provided therein. Admittedly, the petitioner was appointed after 1974. Therefore, he contends that the petitioner having been a B.A. and M.A. in Hindi, he is not required to have Sanskrit in B.A. which is fulfilled by reason of the alternative qualification for a High School teacher in Hindi, namely, "Sahitya Ratna" (two years' course) Hindi Sahitya Sammelan, Prayag in which Sanskrit subject should have been taken as ancient language and refresher course training. The petitioner is a "Sahitya Ratna" from Hindi Sahitya Sammelan, Allahabad, therefore, according to him, he fulfills the qualification.
5. The Appendix provides as follows :
Hindi Teacher Intermediate for (Class 11-12)
1. M.A. in Hindi and B.A. Trained with Sanskrit or Shashtri. Examination. Govt. Sanskrit College. Varanasi. University.
Varanasi.
2. Desirable training Qualification (G.O, No. Ma/4428/15/72/13). According to Govt. Notification No. Ma/4426/ 15-72(13)-76 dated I6th March. 1979. For teachers appointed prior to 5th April. 1974 for teaching High School classes according the regulations prevailing at that time. If he possesses other educational Qualifications then for them B.A. With Sanskrit shall not be Purpose of their promotion at the post of Lecturer in Hindi for Intermediate classes.
For High School (Classes 9-10)
1). B.A. with Hindi and Sanskrit subject and L.T.
or B.T. and L.T. or B.T. or B. Ed. or other equivalent degree or diploma In education teaching, or
2). Sahitya Ratna (2 years course) Hindi Sahitya Sammelan.
Prayag in which Sanskrit subject should have been taken as ancient language and refresher course training."
6. A plain reading of the said Appendix shows that in order to be a Lecturer in Hindi in Intermediate College, a teacher should be M.A. in Hindi and B.A. with Sanskrit or Shashtri from the Government Sanskrit College, Varanasi, now Sampurnanand University, Varanasi. Admittedly, the petitioner did not have Sanskrit in B.A. nor is a Shashtri from Sampurnanand University. For a High School teacher, the qualification is B.A. in Hindi with Sanskrit or "Sahttya Ratna" in Hindi with Sanskrit.Therefore, the petitioner was qualified even as "Sahitya Ratna" for being appointed as a High School teacher even without being B.A. and M.A. in Hindi. The petitioner is M.A. in Hindi and had passed B.A. with Hindi but without Sanskrit, The qualification "Sahitya Ratna" which is stated to be equivalent to B.A., in Hindi and Sanskrit as provided in clause 2 of the qualification for High School teacher suffice the qualification. "Sahitya Ratna" has been treated in the Appendix itself as equivalent to B.A. in Hindi with Sanskrit. Therefore, the qualification B.A. with Sanskrit as provided for a teacher in Intermediate classes can very well be fulfilled by reason of the qualification of a High School teacher. If he had been appointed before 5th April, 1974 by reason of his being appointed as a High School teacher, he would have been eligible for promotion to the post of Lecturer by reason of Notification dated 16th March. 1978. then there cannot be any earthly reason to deny him such promotion on the ground of his being appointed after 5th April, 1974 when he fulfils the qualification of a High School teacher as observed earlier. When the degree of "Sahttya Ratna" from Hindi Sahitya Sammelan has been equiated with B.A. with Hindi and Sanskrit, the qualification B.A. with Sanskrit or Hindi teacher in Intermediate college has to be reconciled. If such a stand is not taken, in that event the question of promotion would become discriminatory, inasmuch as a person though qualified to be a teacher in the High School in Hindi with "Sahilya Ratna" Degree, he could not be eligible for promotion though M.A. in Hindi and B.A. in Hindi only because he did not have Sanskrit in B.A. The purpose was to satisfy the qualification that a teacher should learn Sanskrit upto the standard of Graduation level. When the degree of "Sahitya Ratna" has ben equated to with graduation level by virtue of the inclusion of the qualification in the Appendix itself, there cannot be any other interpretation of B.A. with Sanskrit for being appointed as a Hindi Lecturer as provided in serial No. 2 of the Appendix Imputing a different meaning.
7. For all these reasons, the petitioner satisfies the qualification, and, therefore, eligible for promotion to the post of lecturer. Accordingly, he is entitled to the payment of all pays of lecturer from the date since he had been so promoted, provided all other eligibility criteria and suitability has been satisfied while granting the promotion to the petitioner if the promotion has been given against a promotional quota. Accordingly, the respondents shall ensure payment of arrears and current salary of the post of lecturer to the petitioner from the date since when he is so eligible and remains eligible therefor and holds the post of Lecturer. Since the respondents are already paying the salary of the Lecturer's Grade to the petitioner, the respondents shall continue the same provided he had been so promoted against the promotional quota. The arrears which have not been paid, may be calculated and paid to the petitioner within a period of six months from the date a certified copy of this order Is produced before the concerned respondents.
8. Let a writ of mandamus do issue accordingly.
9. The writ petition is thus disposed of. No cost.