Matriculation Meaning in Telugu: పాఠశాలలో ప్రవేశించడము. See Matriculate. Matriculation Definition The act or process of matriculating; the state of being matriculated. Matriculation, Hindi translation of matriculation, Hindi meaning of matriculation, what is matriculation in Hindi dictionary, matriculation related Hindi हिन्दी.
Students arriving for a matriculation ceremony at Oxford
Matriculation is the formal process of entering a university, or of becoming eligible to enter by fulfilling certain academic requirements such as a matriculation examination.
- 17United States
Australia[edit]
In Australia, the term 'matriculation' is seldom used now. In the late 60s and early 70s, all states replaced the matriculation examination with either a certificate, such as the Higher School Certificate (HSC) in Victoria and NSW, or a university entrance exam such as the Tertiary Entrance Exam in Western Australia. These have all been renamed (except in NSW) as a state-based certificate, such as the Victorian Certificate of Education (VCE) or the Western Australian Certificate of Education (WACE).
Bangladesh[edit]
In Bangladesh, the 'Matriculation' is the Secondary School Examination (SSC) taken at year 10, and the Intermediate Exams is the Higher Secondary Examination (HSC) taken at year 12. Bangladesh, like the rest of [South Asia], still uses terms such as Matriculation Exams and Intermediate Exams taken from the days of the British Raj although in England itself these terms were replaced by 'O' or Ordinary Level Examinations (now called GCSEs) and 'A' or Advanced Level Examinations respectively.
Brazil[edit]
In Brazilian Portuguese, the word 'matrícula' refers to the act of enrolling in an educational course, whether it be elementary, high school, college or post-graduate education.
Canada[edit]
In Canada, the term is used by some older universities to refer to orientation ('frosh') events,[citation needed] however some universities, including University of King's College, still hold formal Matriculation (usually shortened to 'matric') ceremonies. Trinity College at the University of Toronto also holds formal matriculation ceremonies, during which time incoming students are required to sign a matriculation register, making the practice the closest in format to that conducted by Oxford and Cambridge colleges of any university in North America. The ceremony at King's is quite similar to the matriculation ceremonies held in universities such as Oxford or Cambridge.In Ontario during the era with grade 13, satisfactory completion of grade 12 was considered junior matriculation and satisfactory completion of grade 13 was senior matriculation. In Nova Scotia, at the present time, Junior matriculation is grade 11 and senior matriculation is completion of grade 12.
Czech Republic[edit]
At Charles University in Prague, the oldest and most prestigious university in the Czech Republic, matriculation is held at the Great Hall (Magna Aula). The ceremony is attended by students commencing their studies. It is intended as a demonstration of the adoption of student's duties and obtaining of student's rights. The ceremony itself involves students taking the Matriculation Oath of the University and symbolically touching the Faculty mace and shaking the Dean's hand.
Other Czech universities hold ceremonies similar to the one just described.
Denmark[edit]
In Denmark, the University of Copenhagen holds a matriculation ceremony each year. The ceremony is held in the Hall of Ceremony in the main building of the University. The ceremony begins with a procession with the rector and the deans in academic dress and other regalia. The ceremony continues with the rector listing the different faculties, after which the different student, shouts when their respective faculty is mentioned. The rector then delivers a speech, after which the rector and the deans leave the ceremony again in procession, after which a party is held on university grounds, to mark the admission of the new students.
Finland[edit]
In Finland, Matriculation (Finnish: Ylioppilastutkinto, Swedish: Studentexamen) is the examination taken at the end of Secondary education to qualify for entry into University. The test also constitutes the high school's final exam(s), in other words it is a high school graduation exam. Since 1919, the test has been arranged by a national body, the Matriculation Examination Board. Before that, the administration of the test was the responsibility of the University of Helsinki.
Germany[edit]
The German term Immatrikulation describes the administrative process of enrolling at university as a student. This can happen for winter semester and, depending on the degree program, also for summer semester. It does not involve a ceremony. A prerequisite for matriculation is generally the Abitur, which is the standard matriculation examination in Germany, for regular universities and Fachhochschulreife for Fachhochschulen (Universities of Applied Sciences). Both Abitur and Fachhochschulreife are school leaving certificates which students receive after passing their final examinations at some types of German secondary schools.
Hong Kong[edit]
In Hong Kong, the term is used interchangeably with the completion of sixth-form. After sitting for the Certificate of Education examinations, eligible students receive two years of sixth-form education, upon completion, they sit for the A-level examinations. Most secondary schools offer the sixth-form programme, and there are also a few sixth-form colleges. Students obtaining good grades in the A-level examinations will be admitted to a university. The education reforms of Hong Kong in the 2000s have replaced the fourth- and fifth-form education, which prepared students for the HKCEE, and the sixth-form education with a three-year senior secondary education, which leads to the Hong Kong Diploma of Secondary Education Examination. The last sixth-form students graduated and took the A-level examinations in 2012; in the same year the first students studying the new senior secondary curriculum graduated and took the first HKDSE examinations.
India[edit]
In India, it is a term commonly used to refer to the final year of 10th class, which ends at tenth Board (tenth grade), and the qualification consequently received by passing the national board exams or the state board exams, commonly called 'matriculation exams'.
India still uses terms such as Matriculation Exams and Intermediate Exams taken from the days of British rule although in England itself these terms were replaced by 'O' or Ordinary Level Examinations (now called GCSEs) and 'A' or Advanced Level Examinations.
English is the standard language for matriculation for science subjects, while regional languages are also an option. Most students who pass matriculation, or class 10, are 15–16 years old. Upon successfully passing, a student may continue onto the Higher secondary school. Most students who pass class 12 are 17–18 years old. The CBSE and ICSE boards conduct twelfth standard courses nationally, while state boards operate at the state-level. Although the basic curriculum is prescribed by the CBSE.[citation needed]
Malaysia[edit]
In Malaysia, Matriculation programmes are run by public universities and the Ministry of Education (MoE). Matriculation programmes offered by public universities offer fewer options for further study upon completion of the said program as they are limited to that particular university.
The matriculation programme provided by the MoE is a one-year pre-U program sponsored by the Malaysian government. SPM (Sijil Pelajaran Malaysia or the Malaysian Certificate of Education) holders can apply for MoE Matriculation during their SPM year [Form 5]. Students that are offered the matriculation programme will be posted to several Matriculation Colleges within Malaysia.
After MoE Matriculation, they can further their studies in local universities within Malaysia. Several universities in United Kingdom, Australia and New Zealand recognize the MoE Matriculation as a pre-U qualification.[citation needed]
Apart from the matriculation programmes, there is the STPM programme ([Sijil Tinggi Pelajaran Malaysia] or Malaysian Higher School Certificate), the standardised national examinations taken by Form 6 students. STPM is different from the matriculation programme in terms of its duration (2 years vs. 1 year), syllabus (breadth and depth), marking method (standardised assessment nationwide vs. assessment by matriculation college itself) and passing rate.[citation needed]
Nepal[edit]
In Nepal, it refers to the School Leaving Certificate (SLC) before now it is known as Secondary education examination (SEE) (As per new education act 2016) taken at year 10, before Intermediate Exams (Higher Secondary or 10+2) taken in subsequent two years prior to university entry. School leaving certificate (SLC) or Secondary education examination (SEE) is the main examination which is also called 'Iron gate' in Nepal. Although SLC and 10+2 are widely used, some educational institutions follow the British system with O' or Ordinary Level Examinations (now called GCSE) and A' or Advanced Level Examinations respectively.
Netherlands[edit]
In the Netherlands high school is vertically segregated into several levels of education. Most students enter university after a specific high-school track, the Pre-university education (Voorbereidend Wetenschappelijk Onderwijs). This track is concluded by the Central Exam (https://en.wikipedia.org/wiki/Matriculation_examination) regulated by Dutch law. After three years of the Pre-university education program, high-school students select one of four directions (roughly corresponding to languages, humanities and economics, biology and medicine, and hard sciences), the last 3 years of the Pre-university education program is meant to prepare for University education within that direction.
Pakistan[edit]
In Pakistan, 'matriculation' (usually shortened to “matric”) is the term that refers to the final examinations that take place at the end of 9th and 10th grades. These Examinations are usually taken up by students aged 14 to 16 years.
It results in the issuance of Secondary School Certificate (SSC) or Technical School Certificate (TSC). After the SSC (or TSC), students may proceed for 11th year of education at College. After successful completion of the 11th (HSSC-1) and the 12th (HSSC-2) years in college, they get the Intermediate certificate Higher Secondary School Certificate (HSSC) and become eligible to enter universities in Pakistan or in other countries. Pakistan still uses terms such as Matriculation Exams and Intermediate Exams taken from the days of British rule, although in England itself these terms were replaced with 'O' or Ordinary Level Examinations (now called GCSEx) and 'A' or Advanced Level Examination.
South Africa[edit]
In South Africa, 'matriculation' (usually shortened to 'matric') is a term commonly used to refer to the final year of high school and the qualification received on graduating from high school (now officially the National Senior Certificate or NSC). Strictly speaking 'matriculation' refers to the minimum university entrance requirements (usually called a matric exemption as it provides an exemption from writing entrance exams when applying for University entrance).[citation needed]
United Kingdom[edit]
In the British universities of Oxford, Cambridge,[1]St Andrews, Edinburgh, Durham, and the New College of the Humanities, the term is used for the ceremony at which new students are entered into the register (in Latinmatricula) of the university, at which point they become members of the university. Oxford requires matriculants to wear academic dress with subfusc during the ceremony. At Cambridge and Durham, policy regarding the wearing of academic dress varies amongst the colleges. Separate matriculation ceremonies are held by some of the colleges in Durham. Also at Durham, not all students are entered into the register, but one person from each college is selected to sign their own name for the whole college. At the University of St Andrews as well as the other ancient universities of Scotland, matriculation involves signing the Sponsio Academica, a pledge to abide by university rules and to support the institution. In 2015, Bishop Grosseteste University Lincoln introduced a Matriculation event for all new students.
At most British universities there is no formal ceremony. The term 'matriculation' is not used by many, with the terms 'enrolment' and 'registration' being more commonly employed to describe the administrative process of becoming a member of the university.
At Oxford and Cambridge, matriculation was formerly associated with entrance examinations taken before or shortly after matriculation, known as Responsions at Oxford and the Previous Examination at Cambridge, both abolished in 1960. University-wide entrance examinations were subsequently re-introduced at both universities, but abolished in 1995. More limited subject-based tests have since been introduced.
United States[edit]
In the United States, universities and colleges that have a formal matriculation ceremony include: Adrian College, Albion College, Anna Maria College, Asbury University, Assumption College, Belmont Abbey College, Belmont University, Boston College,[2]Boston University, Carnegie Mellon University, The Citadel, The Military College of South Carolina, Columbia University, Culver-Stockton College, Dartmouth College, Duquesne University, Hamline University,[3]Harvard University, Jacksonville University in Jacksonville, FL, Kalamazoo College, Kenyon College,[4]Lawrence University, http://lawrence.edu, Lyndon State College,[5]Lyon College, Marietta College,[6]McKendree University,[7]Mount Holyoke College, Mount Union College,[8]Moravian College, Muhlenberg College, Occidental College, Randolph-Macon College, Rice University,[9]Saint Leo University, Scripps College, Trinity College, Tufts University, The University of Saint Mary (Kansas), University of Wisconsin–Baraboo/Sauk County, Virginia Military Institute, Wabash College,[10]Walsh University, Washington and Jefferson College, and Willamette University. Some medical schools highlight matriculation with a white coat ceremony. For example, UAB School of Medicine[11] does so.
At most universities and colleges in the United States, 'matriculation' refers to mere enrollment or registration as a student at a university or college by a student intending to earn a degree, an event which involves no special ceremony.
Special student[edit]
Universities and colleges in the United States commonly have a category of students known as special students,[12][13][14]non-matriculated students[15][16] or non-matriculating students.[17] Generally these are students who are not merely auditing a class, but receive credit which is potentially transferable, pay full tuition, and often receive benefits that other students receive such as access to facilities and health care. These students typically are enrolled as matriculated students at other institutions and are visiting scholars of some type. However, sometimes students attend classes for the purpose of a standalone non-degree education.
References[edit]
- ^'Newton, Sir Isaac (NWTN661I)'. A Cambridge Alumni Database. University of Cambridge. As an example of the continual use of the term matriculation in the ACAD database for any student entering any of the Colleges at Cambridge
- ^'Conversations in the First Year — Boston College'. Bc.edu. 2010-08-25. Retrieved 2010-09-14.
- ^'Hamline University | Saint Paul, Minnesota'. Hamline.edu. Retrieved 2010-09-14.
- ^'Archived copy'. Archived from the original on 2006-09-01. Retrieved 2007-05-19.CS1 maint: Archived copy as title (link)
- ^'Lyndon — A Vermont State College'. Lyndonstate.edu. Retrieved 2010-09-14.
- ^'URL retrieved 2007-August-26'. Marietta.edu. Archived from the original on 2010-05-28. Retrieved 2010-09-14.
- ^Class of 2016 Matriculates at McKendree Retrieved 2012-August-25.
- ^'URL retrieved 2008-April-11'. muc.edu.
- ^'Archived copy'. Archived from the original on 2012-08-05. Retrieved 2010-12-23.CS1 maint: Archived copy as title (link)
- ^'Ringing in the new – a special time at Wabash | Dear Old Wabash'. blog.wabash.edu. Retrieved 2017-04-12.
- ^'UAB - The University of Alabama at Birmingham - Home'. Retrieved 13 January 2016.
- ^'Special Students: Admissions'. Harvard University Graduate School of Arts and Sciences. Archived from the original on November 28, 2015. Retrieved January 7, 2016.
- ^'University Special Students'. University of Wisconsin – Madison Continuing Education. Retrieved January 7, 2016.
- ^'Undergraduate Special Student Admissions'. MIT Graduate Admissions. Retrieved January 7, 2016.
- ^'Non-Matriculated Graduate Student Status'. Stonybrook University School of Professional Development. Archived from the original on December 31, 2015. Retrieved January 7, 2016.
- ^'Graduate Non-Matriculated Students'. University of Washington. Archived from the original on November 15, 2015. Retrieved January 7, 2016.
- ^'Nonmatriculating Students'. Rutgers School of Arts and Sciences. Retrieved January 7, 2016.
External links[edit]
- The dictionary definition of matriculation at Wiktionary
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Matriculation&oldid=902361182'
HomeAllIs it mandatory to be a matriculate in Punjabi for appearing in...
This article is written by Bhavpreet Singh Dhatt, Advocate, High Court of Punjab and Haryana.
To appear in any of the entrance examinations conducted by Punjab Public Service Commission for appointments to various govt posts, including prestigious services like the Punjab Civil Service (Executive Branch) as well as the Punjab Civil Service (Judicial Branch), one of the requirements is to pass the Punjabi examination, equivalent to the level of 10th Standard. For eg., the recruitment of officers to PCS (Executive Branch) through the recently held Punjab State Civil Services Combined Competitive Examination – 2015 required that “the Candidates must have passed Punjabi of matric or its equivalent standard as on the last date of receipt of Online application Form i.e. 5th October, 2015” and the Commission even uploaded on the website a list of students who did not fulfil the said condition. Similarly, the “Punjab Civil Service (Judicial Branch) Examination 2014–2015“ for filling up 118 vacancies of Civil Judge (Junior Division) Cum Judicial Magistrate required “Punjabi upto Matric or its equivalent Standard” as one of the essential qualifications. Same condition was stipulated in the recent examination conducted for recruitment of Assistant and Deputy District Attoney which again required “Punjabi of Matric or its equivalent Standard is essential for both the posts.” The same requirement is mandated across all examinations and therefore, applies whether one wants to be appointed as a Scientfic Officer or a Medical Officer (Dental). This requirement has often been the ground to challenge and set aside appointments and selections, and the law has been settled and crystallised by several important decisions rendered by the Punjab and Haryana High Court and the Supreme Court over the last two decades.
Whether the requirement to have a matriculation in Punjabi language is mandatory or can it be waived off?
The question whether the qualification is mandatory if the same has been provided in the advertisement came up before the Supreme Court in Umrao Singh v Punjabi University, Patiala and Ors., (2005) 13 SCC 365. Punjabi University, Patiala had advertised for lecturers in Department of Defence and Strategic Studies and the eligibility conditions, inter alia, required matriculation in Punjabi or Punjabi Prabodh or Punjabi Praveshika Exam. The petitioner therein alleged that one of the selectees did not fulfil the required conditions. The selectee contended that he had subsequently cleared the exam and the same was in accordance with the decision of the University Syndicate which had subsequently provided relaxation (the decision of the University syndicate allowing relaxation was after the last date of receipt of applications). The Supreme Court held that the selectee was required to already have passed the Punjabi examination in terms of the advertisement before appearing for the interview, which admittedly had not been done by the selectee and subsequent decision of the University couldn’t confer any benefit on him. The Court went on to observe that the eligibility of passing Punjabi examination was a condition which went to the root of the eligibility.
The said requirement also now forms a part of the stature book and has been provided for by Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (hereinafter referred to as “1994 Rules”). The said rules apply to Group ‘A’, Group ‘B’ and Group ‘C’ services. (Group ‘D’ services are governed by Punjab State (Group ‘D’) Service Rules, 1963 which require passing examination of middle standard with Punjabi as one of the subjects).
Rule 17 of the 1994 Rules is as follows:
“17. Knowledge of Punjabi Language – No person shall be appointed to any post in any service by direct appointment unless he has passed Matriculation examination with Punjabi as one of the compulsory or elective subjects or any other equivalent examination in Punjabi language, which may be specified by the Government from time to time.
…………………………………….“
The interpretation of Rules 17, 19 and 20 have often come before the Punjab and Haryana High Court. One of the most important judgements on this issue was delivered in Dr. Parul Dham v. State of Punjab and Ors1, CWP No.16462, 17675, 17160, 17366 to 17368 of 2010.
In Parul Dham, the advertisement had been issued to fill up 34 posts of Medical Officer (Dental). The requirements set out in the advertisement required a B.D.S. Degree with the added requirement that the candidates should be registered in part ‘A’ of the register of the State Dental Council as prescribed by the Dentist Act, 1948. Clause 3 (ii) of the advertisement stipulated that knowledge of Punjabi up to Matriculation Standard was essential and candidates who do not possess the said qualification will have to acquire the same within six months of their joining. It was argued that under Rule 5(2) of Punjab Civil Medical Group ‘A (Dental) Service Rules, 2009, read with Appendix-B provide the qualifications and experience for joining the service. It was further argued that the operation of the 1994 Rules would be excluded as the 1994 Rules apply only in a situation where any matter is not specifically provided in the 2009 Rules and since the 2009 Rules read with Appendix B dealing with “educational qualifications” did not provide for matriculation in Punjabi, the 1994 Rules would not be applicable.
The above argument did not find favour with the Court. Ranjan Gogoi, C.J. observed as follows (vide Para 7):
“Rule 17 of the 1994 Rules prescribing Matriculation with Punjabi as one of the subjects is a general requirement that would apply to any and every post in Group ‘A’, ‘B’ and ‘C’ Services in the State of Punjab. Rule 17, by prescribing Matriculation with Punjabi as one of the subjects, does not really lay down an educational qualification. According to us, it lays down a general condition applicable to all services in the State of Punjab. Therefore, it is our considered view that Rule 5 of the 2009 Rules, prescribing the educational qualifications and experience, cannot stand in the way of the operation of Rule 17 of the 1994 Rules prescribing Matriculation with Punjabi as an additional requirement. The 1994 Rules being statutory in character, the terms of the advertisement, which runs contrary to the provisions of the statutory Rules, cannot be allowed to prevail over and above what has been prescribed by the statute. We, therefore, take the view that Rule 17 of the 1994 Rules must be allowed to have a free-play to determine the eligibility of the candidates and only those who have passed the Matriculation with Punjabi as one of the subjects would be eligible. We have also noticed that Rule 17 of the 1994 Rules carves out several exceptions to the main part of the Rule under which different categories of candidates are permitted to acquire the “qualification” (Matriculation with Punjabi) after joining service.”
In Dr. (Capt.) Navjot Singh Khurana v. State of Punjab2, CWP 18714 of 1998, the Division Bench of the High Court was seized of a matter wherein the petition was filed to quash the appointment as Medical Officer (Dental). The writ petitioner was aggrieved by the decision of Punjab Public Service Commission not to consider him on the ground of not having passed Punjabi matriculation although the petitioner claimed to be fully eligible. It was argued that passing of Punjabi up to matriculation level was not among the eligibility conditions for Medical Officer (Dental) and that in any case, the petitioner was shortly about to appear in the Punjabi matriculation exam.
The Division Bench held that Rule 17 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 was mandatory and would have overriding effect in terms of Rule 20 of the said rules. Justice G.S. Singhvi, speaking for the Division Bench observed as follows:
“5. After considering the submissions of Shri Jindal, we deem it appropriate to dispose of the writ petition by directing him to make a representation to the Commission for consideration of his candidature keeping in view the provisions of Rule 17 of Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (for short, the 1994 Rules’) which have overriding effect by virtue of Rule 20 thereof.
…………………………………
- A bare reading of the above extract provisions shows that the condition of eligibility which can be insisted is that the candidate must possess knowledge of Punjabi language of Matriculation Standard or equivalent.”
Whether the said requirement must be fulfilled on the date of application or can be acquired subsequently?
Concessions are often provided in relation to passing Punjabi matriculation examination by providing a certain time period within which the candidate may appear and qualify the same, as a measure of relaxation, especially for those who have just finished their graduation or have graduated from colleges located outside the State of Punjab. For eg., several advertisements prescribe that this criterion may be fulfilled within 6 months of the last date for receipt of applications. In such cases, the relaxation provided in accordance with the terms of the advertisement will prevail and the benefit conferred may be availed.
However, where the advertisement does not provide for any relaxation in fulfilment of this condition, then the candidate is required to fulfil the condition on the last date of receipt of applications. The issue was settled by the Supreme Court in Umrao Singh wherein it was held that the eligibility criteria must be fulfilled on the last date of receipt of applications. The Supreme Court in a line of judgements has gone on to hold that the terms of advertisement are sacred and all participants in the exam are required to conform to those.
In Karambir Singh v. State of Punjab and Ors., CWP 10880 of 2009, the issue raised before the Single Judge of the High Court was that the duly qualified writ petitioner was selected as Junior Basic Teacher only to be rejected on account of not having passed Punjabi as a subject in matriculation. The Court held that the petitioner was required to submit a proof of having passed Punjabi at the matriculation level in terms of the advertisement, and his candidature had been rightly rejected on account of failure to do so.
Similar view was taken by the Court in Anuradha Soni v. Secretary, Department of Health and Family Welfare3, CWP 21502 of 2012, wherein the petitioner seeking appointment as a staff nurse acquired qualifications even after the counselling was conducted. The argument advanced on behalf of the petitioner was Rule 17 of the 1994 Rules would be applicable only at the time of appointment and not prior to that. The argument did not find favour with the court and it was reiterated that the said requirement must be fulfilled on the date of appointment and not subsequently, and that the petitioner had rightly been declared as ineligible. The Court also relied upon the Supreme Court judgement of Bhupinder Pal Singh and Ors. V State of Punjab, (2000) 2 SCT 826 wherein it had been held that if the cut off date (for acquiring all required eligibility conditions) was contained in the statutory rules, the same was to prevail and in its absence, the cut off date stipulated in the advertisement would prevail.
The issue again arose before the High Court in Ashu Garg and Anr v State of Punjab and Ors.4, CWP 16672 of 2010.The advertisement issued was in relation to 37 posts of Drug Inspectors under Deptt of Health and Family Welfare, State of Punjab. The writ petition was filed at the stage of short listing of candidates and the grouse of the petitioners was that authorities are proceeding with the process of recruitment in terms of calling such candidates for the interview by not adhering to the qualifications and other eligibility conditions prescribed in the advertisement as also the statutory provisions. One of the grounds of challenge was that the subsequently issued corrigendum requiring qualification of passing of Punjabi upto Matriculation issued before the last date for submission of application which declared them to be ineligible and be set aside and the petitioners be considered in the light of eligibility conditions stipulated in the original advertisement.
The above plea was rejected by the Court by placing reliance on Rule 8 of 2001 rules read with Rule 17 and 19 of 1994 Rules. Rule 19 of the 1994 Rules has an overriding effect and there is no power to relax the same.
Under the Punjab Health and Family Welfare (Group `B’) Service Rules, 2001 Rules, Rule 8 provides as under:
“8. Application of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 – (1) In respect of the matters which are not specifically provided in these rules, the members of the service shall be governed by the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as amended from time to time.”
After extracting the provisions of Rule 8, the Court went on harmonise it with Rules 17 and 19 of 1994 Rules.
“16. Rules 17 and 19 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 read as follows:
- Knowledge of Punjabi language – No person shall be appointed to any post in any service by direct appointment unless he has passed Matriculation Examination with Punjabi as one of the Compulsory or Elective subject or any other equivalent examination in Punjabi language, which may be specified by the Government from time to time.
- Where the Government is of the opinion that it is necessary or expedient so to do, it may by order, for reasons to be recorded in writing, relax any of the provisions of these Rules with respect to any clause or category of persons.
Provided that the provisions relating to educational qualifications and experience, if any, shall not be relaxed.”
- A bare reading of the statutory provisions re-produced hereinabove would clearly reveal that in terms of Rule 17 of the 1994 Rules which would govern appointment to any post in any service by direct appointment, qualification of Matriculation Examination with Punjabi language is a must. That apart, under Rule 19, there is no power as regards relaxation of educational qualifications. Accordingly, the 2001 Rules would have to be read along with Rule 17 of the 1994 Rules and wherefrom it would clearly emerge that passing Matriculation Examination with Punjabi would be essential qualification for purposes of appointment to the post of Drug Inspector.”
In Sidharth v State of Punjab and Ors., CWP 25521 of 2013, a Single Judge of the High Court held that differential treatment meted out to certain categories like Ex-servicemen, riot victims, terrorist victims or their dependants by permitting them to pass Punjabi matriculation exam within 6 months of joining as compared to the general category candidates, was valid and rational. The same was within the domain of the recruiting agency and no interference from the court was called for.
Whether the candidate is required to qualify specifically in Punjabi matriculation exam or is it permissible to have an alternative qualification in Punjabi higher than matriculation?
In Narinder Kaur v. State of Punjab5, CWP 9062 of 1997, the petitioner applied for the post of Hindi mistress in the Govt of Punjab in the reserved category of Scheduled Caste. The post of Hindi mistress is governed by Punjab State Education Class III (School Cadre) Service Rules, 1978. She was selected and appointed but subsequently refused joining on the ground of not having passed Punjabi matric. The authorities were oblivious of the purport of Rule 17 of 1994 Rules which required knowledge of Punjabi language of matriculation standard or its equivalent and not passing of Punjabi language. The authorities despite knowing the fact that the petitioner had not passed Punjabi matriculation exam, had still considered her candidature and selected her. Subsequently, the petitioner cleared the Punjabi matriculation exam. The Division Bench of the High Court allowed her writ petition and she was subsequently allowed to join.
In Ripudaman Sachdeva v. State of Punjab6, CWP 15467 of 1993, regularised nursery teachers working in a school were aggrieved by the order for lowering their pay scale. An objection was also raised about their not possessing Punjabi up to matriculation. The petitioner averred that she had already qualified Punjabi as an additional subject in B.A. prior to her appointment. This writ petition was allowed, inter alia, on this ground.
In Krishma Kumari Chawla v. State of Punjab7, CWP 16470 of 1995, the writ petitioner had served as a J.B.T. teacher and super annuated after putting in 25 years of service. She was aggrieved by the fact that she was unable to provide a certificate of having passed Punjabi matriculation exam and, as a result, deductions were made from her pension. The Division Bench of the High Court held that J.B.T. included the subject of Punjabi, and therefore, by passing J.B.T. the petitioner had ipso facto passed Punjabi. It was further held that J.B.T. was a higher qualification than matriculation and therefore, the petitioner certainly had “knowledge of Hindi and Punjabi language of matriculation or equivalent standard”, as required by Rule 6(2) of Punjab Privately Managed Recognised Schools Employees (Security of Service) Rules, 1981. The petitioner’s plea for computation of pension on the basis of last pay drawn by her was allowed.
The position that a person having a higher qualification in Punjabi than matriculation would be eligible stands further strengthened by the judgement of the Full Bench of the Punjab and Haryana High Court in Manjit Singh v State of Punjab and Ors.8, (2010) 3 SCT 706 wherein it was held that candidates possessing higher qualification in the same line cannot be excluded from consideration as such exclusion will be violative of Articles 14 and 16 of the Constitution.
In Roopa Sharma v State of Punjab and Ors.9, CWP 15494 of 1996, the Division Bench of the High Court was confronted with the issue as to whether a candidate who had passed Punjabi Parbodh exam would be considered as having the knowledge of Punjabi of matriculation standard. The aggrieved petitioner, holding a B.A.M.S. degree, had applied to be selected to the post of Ayurvedic Medical Officer. Though she had passed Punjabi Parbodh exam conducted by Language Department, Punjabi University, Patiala, the same had not been done on the last date of receipt of applications. The applicant was not allowed to participate in the interview on the ground that she didn’t fulfil the requisite eligibility condition of Punjabi matriculation, but was subsequently allowed to participate on the strength of an interim order from the High Court. The petitioner made it to the merit list above the rank of the selectees.
The Division Bench rejected the first argument advanced on behalf of the petitioner that special qualifications had already been separately provided for the post of Ayurvedic Medical Offer and therefore, the general conditions of eligibility stipulated therein would not apply. The Court observed that the non-obstante clause contained in Rule 20 of the 1994 Rules will make the 1994 Rules prevail irrespective of what the other rules would provide. The terms of the advertisement were to be harmoniously construed and the general as well as special conditions of the advertisement would have to be read together for determination of eligibility.
The Court also went on to make a distinction between possessing knowledge of Punjabi language of matriculation standard and passing an exam in Punjabi of matriculation standard. The Court held that the rule making authority had only stipulated a condition of having knowledge and therefore, the Court could not rewrite the provision by incorporating the requirement of passing Punjabi matriculation exam.
The Division Bench finally held that the condition for testing the knowledge of Punjabi language of matriculation standard would only arise at the stage of interview and not prior to it, and therefore the Board was bound to interview the petitioner to test her knowledge of Punjabi.
It seems that the logic adopted by the Division Bench as to the stage of testing the knowledge of Punjabi fails the test of precedent. The judgement does not refer to any fact showing that the relaxation was permitted as per the advertisement. Unless the advertisement or the rules permit, the Court would not be justified in jettisoning the terms of the advertisement and imposing own requirements. A catena of Supreme Court judgements have laid down the law that the terms of the advertisement are sacred and should not be interfered with.
In Mrs Rekha Chaturvedi v University of Rajasthan, AIR 1993 SC 1488, it was observed as follows:
“5. The contention that the required qualifications of the candidates should be examined with reference to the date of selection and not with reference to the last date for making applications has only to be stated to be rejected. The date of selection is invariably uncertain. In the absence of knowledge of such date the candidates who apply for the posts would be unable to state whether they are qualified for the posts in question or not, if they are yet to acquire the qualifications. Unless the advertisement mentions a fixed date with reference to which the qualifications are to be judged, whether the said date is of selection or otherwise, it would not be possible for the candidates who do not possess the requisite qualifications in praesenti even to make applications for the posts. The uncertainty of the date may also lead to a contrary consequence, viz., even those candidates who do not have the qualifications in praesenti and are likely to acquire them at an uncertain future date, may apply for the posts thus swelling the number of applications. But a still worse consequence may follow, in that it may leave open a scope for malpractices. The date of selection may be so fixed or manipulated as to entertain some applicants and reject others, arbitrarily. Hence, in the absence of a fixed date indicated in the advertisement/notification inviting applications with reference to which the requisite qualifications should be judged, the only certain date for the scrutiny of the qualifications will be the last date for making the applications. We have, therefore, no hesitation in holding that when the Selection Committee in the present case, as argued by Shri Manoj Swarup, took into consideration the requisite qualifications as on the date of selection rather than on the last date of preferring applications, it acted with patent illegality, and on this ground itself the selections in question are liable to be quashed. Reference in this connection may also be made to two recent decisions of this Court in A.P. Public Service Commission, Hyderabad and another v. B. Sarat Chandra & others, (1990)4 SLR 235 and The District Collector and Chairman, Vizianagaram (Social Welfare Residential School Society), Vizianagaram and another v. M. Tripura Sundari Devi, (1990) 4 SLR 237.
The judgement in Rekha Chaturvedi was rendered much prior to the Division Bench judgement of Roopa Sharma and therefore Roopa Sharma does not seem to have laid down the correct law on this specific issue.
Note: To read the judgements (the older ones are unlikely to be available on the High Court website), please search on the Internet or Indian Kanoon, or refer to the Doc ID provided along with the citations in the Footnote. The Doc ID must be entered at the URL: http://www.lawfinderlive.com/Docid.
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1 – 2011 (2) PLR 149. (Doc ID: 251986).
2 – 1998 (8) SLR 693 (DB), 1998 SCC OnLine P&H 1706.
3 – 2013 (3) SCT 72. (Doc ID: 427853)
4 – 2013 (4) SCT 386. (Doc ID: 472496)
5 – 1998 (1) RSJ 28. (Doc ID: 581625)
6 – 1997 (2) SLR 215. (Doc ID: 20488)
7 – 1997(1) CLJ (Service) 293. (Doc ID: 247369)
8 – Doc ID – 214218.
9 – 1997 (2) SCT 706. (Doc ID: 20708)
Hello, Mr. Bhavpreet Singh Dhatt,
I read your article about the Punjabi Language for competition exams organized by PPSC.
I have a query regarding the same:-
I have a query regarding the same:-
I have recently completed my 5 Years Law and was interested in appearing for Punjab Judiciary competitive exam, and I did not had Punjabi language in my matriculation. So hereby I request you to kindly acknowledge me whether I can fulfill that requirement by appearing in any course/exam for Punjabi language, and what would be the procedure.
Regards,
Bharat Poonia
Bharat Poonia