Recognized Upshashtri qualification is equivalent to Intermediate (10+2) for eligibility in public recruitment.

The applicant participated in the selection process for the post of Sorting Assistant (SA) conducted by the Department of Posts and was provisionally selected for the RMS 'C' Division, Gaya, for the vacancy years 2011–2012

On January 15, 2014, the applicant submitted his original certificates and completed pre-joining formalities, including a medical examination

While other selected candidates were sent for training and permitted to join their posts, the applicant was denied joining

The respondents retained his original documents, verbally informing him that his "Upshashtri" qualification from Kameshwar Singh Sanskrit University, Darbhanga, was being verified for equivalence to the Intermediate (10+2) standard

Despite the lapse of several years and the filing of a written statement in 2018, the respondents failed to provide a final clarification or issue a formal cancellation order

1. Whether the "Upshashtri" qualification obtained from Kameshwar Singh Sanskrit University, Darbhanga, is recognized as equivalent to an Intermediate (10+2) certificate for public employment

2. Whether the respondents were justified in withholding the applicant's appointment pending a protracted verification of equivalence despite existing government orders

The Tribunal applied the precedent from the Hon’ble Supreme Court in Prakash Chand Meena v. State of Rajasthan (2015) 8 SCC 484, which stipulates that equivalent qualifications must be recognized in recruitment rules or government orders existing prior to the initiation of the recruitment process

Government of India, Ministry of Personnel, Public Grievances and Pension Department O.M. No. 14021/3/97-Estt.(D), dated 04.05.1998, which explicitly declared the “Upashastri” examination equivalent to the Intermediate examination for public employment

the Tribunal followed its own prior rulings in Punendra Chauhan v. Union of India (O.A. 050/00070/2016) and Monu Alam v. Union of India & Ors. (O.A. 764/2015), which affirmed the validity of the same qualification from the same university

The Tribunal found the respondents' inaction legally unsustainable, noting that the "Upshashtri" degree from K.S.D. Sanskrit University is UGC-recognized and was declared equivalent to Intermediate by the Central Government as far back as 1998

Since this recognition predated the recruitment cycle, the respondents could not claim a lack of provision for equivalent qualifications in the 2011 recruitment rules to deny the appointment

The court criticized the respondents for failing to provide a definitive stance even eight years after the selection, rendering their defense "outdated"

By comparing the applicant’s situation to Monu Alam, the Tribunal determined that the applicant had fulfilled all requisite conditions and that the denial of joining after successful selection and medical examination was arbitrary and discriminatory

It directed the respondents to consider the applicant’s candidature for appointment to the post of Sorting Assistant in accordance with the law and the findings in Monu Alam

This direction must be complied with within three months from the date of receipt of the order

No order as to costs was issued