LexCHANDRAKALA TRIVEDI versus STATE OF RAJASTHAN & ORS.
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[2012] 2 S.C.R. 959 CHANDRAKALA TRIVEDI A v. STATE OF RAJASTHAN & ORS. (Civil Appeal No. 400 of 2012) JANUARY 12, 2012 B [ASOK KUMAR GANGULY AND T.S. THAKUR, JJ.] Service Law - Appointment - Qualification - Educational qualification - Appointment to the post of Teacher - Provisional selection of appellant cancelled as he had not C passed Higher Secondary/Senior Secondary Examination after passing the Secondary Examination - Plea of appellant that at the time when she passed the Secondary Examination, it was permissible for a candidate passing the Secondary f=xamination to get admission in the higher classes with a D preparatory course; and that she had thereafter acquired higher qualifications such as B.Ed. Degree as also a M.A degree and thus, satisfied the criteria of the required qualification for appointment to the post in question - Plea of appellant negated by the High Court, inter alia, on the E ground that as the appellant had not passed the Senior Secondary Examination, which is the basic qualification for the post in question, the candidature of appellant cannot be considered - Held: The view taken by the High Court cannot be appreciated - The basic qualification required was Senior F Secondary or Intermediate or its equivalent - High Court erroneously did not consider higher qualification as equivalent to the qualification of passing Senior Secondary examination even in respect of a candidate who was provisionally selected - The word 'equivalent' must be given a reasonable meaning G - By using the expression, 'equivalent' one means that there are some degrees of flexibility or adjustment which do not lower the stated requirement - There has to be some difference between wh_at. is equivalent and what is exact - 959 H 960 SUPREME COURT REPORTS [2012) 2 S.C.R. A Apart from that after a person is provisionally selected, a cel1ain degree of reasonable expectation of the selection being continued also comes into existence - Appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelled. B Words and Phrases - "equivalent" - Meaning of. ' The appellant was provisionally selected for appointment to the post of Teacher. After the appellant was provisionally selected, she received a letter from the C State Public Service Commission informing her that provisional selection has been cancelled as the appellant did not pass the Higher Secondary/Senior Secondary Examination after passing the Secondary Examination. 0 The case of the appellant was that at the time when she passed the Secondary Examination, it was permissible for a candidate passing the Secondary Examination to get admission in the higher .classes with a preparatory course; that the appellant thereafter E completed her graduation, and also obtained B.Ed. Degree as also a M.A degree and in that view of the maf:ter, the appellant satisfies the criteria of the required· qualification for appointment to the post in question. The case of the appellant was, however, dismlissed F by the High Court, inter alia, on the ground that a:s the appellant had not passed the Senior Secondary Examination, which is the basic qualification for the post in question, the can_didature of the appellant cann1:>t be considered. G Disposing of the appeal, the Court HELD:1. The view taken by the High Court cannot be appreciated. From the qualifications mentioned, it is clear . / that the basic qualification is Senior~ Secondary or H Intermediate or its equivalent. [Para 7] (963-D] CHANDRAKALA TRIVEDI v. STATE OF RAJASTHAN 961 & ORS. 2. In the impugned judgment, the High Court has A given a finding that the higher qualification is not the substitute for the qualification of Senior Secondary or Intermediate. One fails to appreciate the reasoning of the High Court to the extent that it does not consider higher qualification as equivalent to the qualification of passing B Senior Secondary examination even in respect of a candidate who was provisionally selected. The word 'equivalent' must be given a reasonable meaning. By using the expression, 'equivalent' one means that there are some degrees of flexibility or adjustment which do not c lower the stated requirement. There has to be some difference between what is equivalent and what is exact. Apart from that after a person is provisionally selected, a certain degree of reasonable expecta
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