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CASE NO.: Appeal (civil)  595 of 2002

PETITIONER: R.B. Giripunje & Ors.

RESPONDENT: State of Maharashtra & Ors.

DATE OF JUDGMENT: 13/03/2008

BENCH: A.K.MATHUR & LOKESHWAR SINGH PANTA

JUDGMENT: JUDGMENT O R D E R

1.      Heard learned counsel for the parties. 2.      This appeal by special leave petition is directed against the judgment and order  dated 27.8.2001 passed by the High Court of Judicature at Bombay, Nagpur Bench  whereby the Division Bench of the High Court has held that the appellants who does not  possess the basic qualification i.e. a Diploma in Agriculture (two years’ course) and  merely possess a Degree in Agriculture or higher qualification are not eligible for being  considered for the post of Gram Sevak.  It is also observed in the impugned judgment that  a candidate who only possesses a Degree in Agriculture can be given preferential right to  be considered for appointment as Gram Sevak but in the absence of basic qualification of  Diploma in Agriculture (two years’ course) he cannot be considered for appointment to  the post of Gram Sevak. Aggrieved against the impugned judgment and order, the  present appeal has been preferred. 3.      The brief facts are that the appellants herein are Graduates in Agriculture and  appellant No. 4 is a Post Graduate in Agriculture.  All the appellants were registered with  the Employment Exchange.  The appellants challenged the action of respodnent No. 2 - Chief Executive Officer, Zilla Parishad, Gondia, Maharashtra in not issuing letter to  them for interview for the post of Gram Sevak, which was scheduled to be held on 17th  August, 2001.  It is alleged that the appellants were eligible for consideration to the post   of Gram Sevak as they possessed requisite qualification as per the Government Resolution  dated 6.6.2001.  In these circumstances, the appellants herein filed a writ petition before  the High Court of Bombay, Bench at Nagpur challenging the action of respondent No.2  herein in not calling them for interview to the post of Gram Sevak.  As per Government  Resolution dated 6.6.2001, under the Maharashtra Zilla Parishads (Recruitment) Rules  the requirement for appointment to the post of Gram Sevak was Secondary School  Certificate or any equivalent qualification and Diploma in Agriculture (two years’ course)  and preference needs to be given to the candidate, who possesses Degree in Agriculture or  higher qualification or experience in social services and with rural base.   4.      According to the writ petitioners-appellants they possess higher qualification, i.e. ,  a Degree in Agriculture and, therefore, they are eligible to be considered for the post of  Gram Sevak.  The writ petition was contested by the respondents and they took the stand  that the requisite qualification for appointment to the post of Gram Sevak is a Diploma in  Agriculture (two years’ course) and if a candidate possesses this qualification alongwith a  Degree in Agriculture then only he can be considered and in case the candidate merely  possesses a Degree in Agriculture and not a Diploma in Agriculture (two years’ course),  he is not eligible for being considered for the post of Gram Sevak.  The High Court after  considering the matter, upheld the contention of the respondents. 5.      We have heard learned counsel for the parties and perused the record.   According to him as per the Government Resolution dated 6.6.2001, the requirement for  the post of Gram Sevak is Secondary School Certificate or any equivalent qualification  and Diploma in Agriculture (two years’ course) and preference needs to be given to the  candidate who possesses Degree in Agriculture or higher qualification or experience in  social services and with rural base.   6.      A plain and simple reading of the the Government Resolution dated 6.6.2001  makes it clear that if a person with a Secondary School Certificate alongwith a Degree in

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Agriculture is available then he is certainly entitled to be given preferential consideratio n  over a candidate who possesses a Secondary School Certificate with a Diploma in  Agriculture (two years’ course).  It is wrong to say that a person who possesses the  Diploma then he should also possess a Degree in Agriculture for being considered for  Gram Sevak.  With great respect to the Division Bench of the High Court, we do not  subscribe to the interpretation given by the Division Bench.  The expression ’preference’  vis-a-vis a person having Diploma in Agriculture (two years’ course) and a person having  Degree in Agriculture means that a candidate having Degree in Agriculture shall be given  preference over a candidate having Diploma in Agriculture.  In our view the  interpretation given by the High Court is wrong and there is no two opinion in the matter  that a Diploma is lower qualification than a Degree.  Once a candidate possesses a Degree  then he has to be given preference as against a candidate who possesses a Diploma.   7.      Learned counsel for the respondents submitted that after the present  controversy, the Government has passed a new Resolution and in pursuance thereof  recruitment has already taken place and the said new Resolution was also subject matter  of challenge before the High Court of Bombay, Bench at Aurangabad.  The Division  Bench of High Court upheld the new Resolution and the special leave petition was  preferred against that order has also been dismissed in limine by this Court. 8.      Be that as it may, so far as the case at hand is concerned, we are of the opinion  that the interpretation given by the Division Bench of the High Court in the impugned  judgment and order is not sustainable and accordingly we allow this appeal and set aside  the impugned judgment and order. The respondents are left to make the appointments in  accordance with law.         Appeal allowed.  No order as to costs.