Facts
The applicant applied for the post of Junior Hindi Translator in response to an advertisement published in September 2011
Source reference: p.2After being provisionally selected and ranked at SL/112, she was issued a show-cause notice questioning her eligibility regarding essential qualifications
Source reference: p.2Despite her response claiming she possessed the required qualifications—specifically citing an M.A. in English and a graduation completed through Hindi medium—the respondents issued an impugned order on 30.05.2012 forfeiting her appointment
Source reference: p.2The applicant’s academic record showed she studied English Literature, Economics, and Geography during her Bachelor of Arts (B.A.) program, but did not study Hindi as a subject
Source reference: p.4-5Issues
1. Whether the applicant met the essential educational qualifications for the post of Junior Hindi Translator as prescribed in the recruitment advertisement.
Source reference: p.42. Whether the medium of instruction (Hindi Medium) during graduation can be equated to studying Hindi as a compulsory or elective subject at the degree level.
Source reference: p.4Law Applied
The eligibility criteria stipulated in the recruitment advertisement, which required a Master’s Degree in English/Hindi with the other as a compulsory or elective subject at the degree level, or a Bachelor’s Degree with both Hindi and English as main subjects
Source reference: p.2, 4The terms and conditions of a recruitment brochure are binding on all parties, as established by the Punjab and Haryana High Court in CWP No. 13688/01
Source reference: p.3The Patna High Court’s ruling in C.W.J.C. No. 459 of 2010 stating that courts cannot rewrite advertisements or relax conditions
Source reference: p.3The Supreme Court’s decision in Karnataka Public Service Commission v. B.M. Vijaya Shankar (AIR 1992 SC 952), affirming the commission's right to act against candidates who do not meet prescribed criteria
Source reference: p.3Reasoning
The Tribunal examined the applicant’s mark sheets and found that while she possessed a Master’s Degree in English, her graduation subjects were English Literature, Economics, and Geography
Source reference: p.4-5Note (ii) of the advertisement specifically mandated that candidates must have studied English and Hindi as main subjects in all three years of the B.A. course
Source reference: p.4The Tribunal rejected the applicant's contention that graduating through the "Hindi Medium" satisfied the requirement of studying Hindi as a compulsory or elective subject
Source reference: p.4The court reasoned that educational qualifications must be strictly adhered to as per the advertisement and that the applicant's "brilliant performance" in unrelated subjects did not compensate for the absence of the mandatory subject (Hindi) required for a translator's role
Source reference: p.5Holding
The Tribunal held that the applicant did not fulfill the essential criteria for selection as a Junior Hindi Translator
the cancellation of her candidature was deemed legal and valid
Source reference: p.5The Original Application was dismissed for lack of merit, and no costs were awarded
Source reference: p.5Original Court PDF
Kumari Nalini GuptavsStaff Selection Commission
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