Thursday, September 28, 2023

Andhra Pradesh High Court rejects plea seeking declaration of Hindi graduation certificates at par with University certificates

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The Andhra Pradesh High Court has dismissed a PIL seeking declaration for Hindi graduate certificates to be equivalent to that of a Graduate of a University in the territory of India.

The petition has been filed by Mahatama Hindi Academy Educational Society, seeking the following relief: 
 “For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble court be pleased to issue writ, order, direction one in the nature of writ of mandamus or any other appropriate writ directing the Respondents to include the Hindi graduate certificates (Praveen of Dakshina Bharath Hindi Prachar Sabha and Vidwan of Hindi Prachar Sabha Hyderabad) as mentioned in table I and II vide (i) GO MS No. 74 dated 29/9/2017 (ii) GO MS No.67 dated 26/01/2018 and (iii) LPCET  2021 in G.O.Ms.No. 536 dated 28/09/2006, in concurrence with the inalienable guaranteed Fundamental Rights, Articles 14, 19 and 21 as enshrined in Part III of the Constitution of India and pass any order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”
The relief prayed for in the  petition is, in essence, for issuance of a Mandamus declaring the qualifications of ‘Praveena of Dakshina Bharath Hindi Prachar Sabha’ and ‘Vidwan of Hindi Prachar Sabha, Hyderabad’ courses as valid qualifications to be included in the list of qualifications specified in G.O.Ms.No.536, General Administration (Elecs. F) Department, dated 28.09.2006, to be equivalent to that of a Graduate of a University in the territory of India, for the purpose of elections to the Legislative Council of the State of Andhra Pradesh in the Graduates Constituencies.  
While considering the PIL , the Division Bench of Chief Justice Prashant Kumar Mishra and Justice D.V.S.S. Somayajulu held that for the purpose of deciding whether the petitioner is entitled to the relief prayed for or not, the  Court needs to deal with the issue of equivalence between educational qualifications. 
“However, it is settled law that the writ Court, being not an expert body, is ill-equipped to undertake the task of determining equivalence between educational qualifications. The issue of equivalence of qualification should be left open to be determined by the expert academic bodies”.
Even if is assumed for the sake of argument, that the issue of equivalence between the subject qualifications is taken up for adjudication in the public interest litigation and eventually, the prayer is refused, in such situation, the rights of the individuals who possess the qualification of the aforesaid Hindi courses will be adversely affected and their cause will be defeated without they being heard by the High Court or any other academic bodies, the Court observed.

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