* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 30.10.2025
Pronounced on: 04.12.2025
+ W.P.(C) 1921/2024 & CM APPL. 8079/2024
KENDRIYA VIDYALAYA SANGATHAN & ANR.
.....Petitioners
Through: Mr. Shubhranshu Padhi, Mr.
Ashish Yadav & Mr. D. Girish
Kumar, Advs
versus
BHAIRVI KUMARI AND ORS. .....Respondents
Through: Mr. Chiranjiv Kumar and Mr.
Mukesh Sachdeva, Advs. for
UOI
Mr. Madhav Bhatia and Ms.
Muskan Aggarwal, Advs. for
R3 & R5
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE MADHU JAIN
JUDGMENT
MADHU JAIN, J.
1. This petition has been filed by the petitioners, challenging the
Order dated 01.11.2023 passed by the learned Central Administrative
Tribunal, Principal Bench, New Delhi (hereinafter referred to as the
‘Tribunal’) in O.A. No. 2098/2023, titled as Bhairvi Kumari & Ors. v.
Kendriya Vidyalaya Sangathan & Anr., filed by the respondents
herein, whereby the learned Tribunal allowed the said O.A. with the
following directions:
“8. In view of the foregoing reasons and
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observations, the OA is allowed. The
impugned order dated 30.06.2023 is quashed
and set aside. The respondents are directed to
consider and appoint the applicants to the
post of Primary Teacher (Music), if otherwise
eligible. They shall also be entitled to all the
consequential benefits flowing from this order
only on notional basis. The exercise as
ordained above shall be completed by the
respondents within a period of eight weeks
from the date of receipt of a certified copy of
this order.”
FACTS OF THE CASE
2. In a nutshell, the background of the case is that the petitioners,
vide Advertisement No. 15/2022 dated 02.12.2022, invited
applications for various posts in the Officers’ Cadres, Teaching and
Non-Teaching Posts in Kendriya Vidyalaya Sangathan (KVS),
including for the post of Primary Teacher (Music).
3. From 05.12.2022 to 02.01.2023, the portal for submission of
online application was opened for candidates, and the last date of
submission of online application was 02.01.2023.
4. The eligibility conditions prescribed therein specified that,
besides meeting the other criteria, the candidates must have
educational qualifications specified in the advertisement as
including:
“Essential:
i) Senior Secondary School Certificate with
50% marks or Intermediate with 50% marks
or its equivalent and Bachelor Degree in
Music or equivalent from a recognized
University
ii) Competence to teach through English/Hindi
medium.
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Desirable: Knowledge of Computer
Applications.
Note: Candidates who have obtained Diploma
in Music are not eligible for the post of PRT
(Music).
xxxx
viii): GENERAL INSTRUCTIONS TO THE
CANDIDATES
(l)KVS may take up the verification of
eligibility of the candidate at any point of time
prior to or after the completion of the selection
process. Even if Admit Card is issued to a
candidate due to lack of information in the
application form or otherwise and if it is found
at any stage (including the date of joining &
thereafter) that the candidate is not eligible,
then his/her candidature shall be summarily
rejected.
xxxx
(q) Qualifications acquired by the candidates
should be strictly in accordance with the
qualifications prescribed for the post by the
KVS. Any candidate seeking to claim
equivalence of the qualifications with the
notified one will have to furnish documentary
evidence in support of his/her claim at the time
of interview/selection, otherwise such cases
will be rejected. …”
5. The written examination for the post of Primary Teacher
(Music) was conducted on 09.02.2023 on an all India Basis. The
respondents, claiming eligibility, appeared in the computer based
test. Based on the marks secured by the candidates, certain
candidates were shortlisted by the petitioners for interview and the
interview for the said post was conducted at the Kolkata center from
01.05.2023 to 04.05.2023. However, the respondents were not
permitted to appear for the interview on the ground that they did not
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possess the requisite “Bachelor Degree in Music or equivalent from
a recognized University”.
6. Aggrieved thereby, the respondents preferred O.A. No.
1682/2023, titled as Shravan Kumar & Ors. v. Kendriya Vidyalya
Sangathan & Ors., before the learned Tribunal. The said O.A. was
disposed of by the learned Tribunal on 06.06.2023, with a direction
to the respondents to decide the pending representation of the
respondents in a time bound manner.
7. In compliance of the aforesaid Order, the petitioners passed an
Order dated 30.06.2023, holding that the respondents did not possess
the requisite essential educational qualification to the post of Primary
Teacher (Music) as stipulated in the advertisement, and thereby
rejected their candidature.
8. Aggrieved by the said order, the Respondents filed O.A. No.
2098/2023 before the learned Tribunal.
9. Vide Impugned Order dated 01.11.2023, the learned Tribunal
allowed the O.A. with the above quoted directions in favour of the
respondents herein.
10. Aggrieved of the Impugned Order, the petitioners have
preferred the present petition.
SUBMISSIONS OF LEARNED COUNSEL FOR THE
PETITIONERS
11. The learned counsel for the petitioners submits that it is a
settled principle of law that the employer has the exclusive domain to
prescribe and determine the essential qualifications in conducting the
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recruitment process. The same has to be conducted strictly in
accordance with the Recruitment Rules and the Advertisement.
12. He further submits that both, the Advertisement and the
applicable Recruitment Rules, clearly stipulate that the essential
qualification for the post is “Bachelor Degree in Music or an
equivalent degree from a recognized University”, which the
Respondents do not possess. He further submits that the qualification
relied upon by Respondents, namely the “Sangeet Prabhakar”
awarded by the Prayag Sangeet Samiti, Allahabad, has not been
recognized as equivalent to a “Bachelor Degree in Music” by the
KVS (Petitioners), University Grants Commission (hereinafter
referred to as ‘UGC’), or by any competent authority.
13. He further submits that merely because the respondents herein
have subsequently acquired higher qualifications, the same cannot be
presumed to include or substitute the essential minimum
qualification prescribed for the said post.
14. He further submits that the marksheets and certificates
submitted by the Respondents clearly mention “Junior Diploma”
awarded by the Prayag Sangeet Samiti, Allahabad, and not a
Bachelor's Degree, which cannot be treated as equivalent to a
“Bachelor Degree in Music”. No equivalent certificate from UGC or
Central Board of Secondary Education (hereinafter referred to as
‘CBSE’) has been produced by the respondents either before the
learned Tribunal or this Court. He submits that the Judgement of the
Supreme Court in State of Bihar v. Bihar Rajya M.S.E.S.K.K.
Mahasangh, (2005) 9 SCC 129, was passed in a completely
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different context and cannot come to the aid of the respondents.
15. The learned counsel for the petitioners submits that the
determination of prescribed qualifications or equivalence thereof
falls outside the scope of judicial review. In support, he places
reliance upon the Judgments of the Supreme Court in Zahoor
Ahmad Rather & Ors. Sheikh Imtiyaz Ahmad & Ors., (2019) 2
SCC 404; and Unnikrishnan C. V. & Ors. v. Union of India & Ors.,
(2023) 18 SCC 546.
SUBMISSIONS OF LEARNED COUNSEL FOR THE
RESPONDENT NOs. 3 & 5
16. The learned counsel for the respondents submits that the
equivalence of “Sangeet Prabhakar” with a “Bachelor Degree in
Music” has been settled by the Judgment of the Supreme Court in
Bihar Rajya M.S.E.S.K.K. (supra), wherein, one Member
Committee under the chairmanship of Hon'ble Mr. Justice S.C.
Agrawal (Retd.) was constituted to examine the issue of absorption
of teachers holding qualifications from Prayag Sangeet Samiti. The
relevant extract from the Commission’s report, accepted by the
Supreme Court, reads as under:
“For the purpose of considering the minimum
qualifications in Music, I would proceed on
the basis that degree of ‘Sangeet Praveen’ and
Diploma in ‘Sangeet Prabhakar’ are
equivalent to Post Graduate qualification in
Music and the degree of ‘Sangeet Prabhakar’
and Diploma in ‘Sangeet Visharad’ have to be
treated as equivalent to Graduate qualification
in Music.”
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17. He further submits that the CBSE also recognizes “Sangeet
Prabahkar” as equivalent to “Bachelor Degree in Music” for the
appointment of music teachers. He submits that Banaras Hindu
University (BHU) and Delhi University also admit candidates
holding “Sangeet Prabhakar” from Prayag Sangeet Samiti to
Master’s programmes in Music, thereby treating it as equivalent to a
Bachelor’s degree.
18. The learned counsel for the respondents further submits that a
higher qualification subsumes lower qualification prescribed for the
post. He further asserts that the phrase “Bachelor Degree in Music or
equivalent from a recognized University” is broad enough to include
a Master's Degree. He places reliance on the Judgments of the
Supreme Court in Chandrakala Trivedi v. State of Rajasthan,
(2012) 3 SCC 129, Parvaiz Ahmad Parry v. State of Jammu &
Kashmir, (2015) 17 SCC 709, and Chandra Shekhar Singh v. State
of Jharkhand, 2025 SCC OnLine SC 595.
19. The learned counsel for the respondents submits that the rule
must be interpreted in light of past practice. He further submits that
the petitioners cannot be allowed to apply the same rule differently to
identically situated persons. To this effect, he places reliance on the
Judgments of the Supreme Court in T. Valsan (Dead) Through
Legal Representatives & Ors. v. K. Kanagaraj, (2023) 7 SCC 614,
Shailendra Dania v. S.P. Dubey, (2007) 5 SCC 535 and N. Suresh
Nathan & Anr v. UOI, 1992 Supp (1) SCC 584.
ANALYSIS AND FINDINGS
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20. We have considered the submissions made by the learned
counsels for the parties.
21. The issue that arises for consideration is whether the degree of
Sangeet Prabhakar issued by Prayag Sangeet Samiti, Allahabad, is
equivalent to a “Bachelor Degree in Music”.
22. Admittedly, the respondents have passed Senior Secondary with
50% marks and hold the degree of Sangeet Prabhakar from Prayag
Sangeet Samiti, Allahabad. Respondents 3 and 5 also hold a higher
qualification of Master of Arts in Hindustani Music from Delhi
University.
23. In the case of Bihar Rajya M.S.E.S.K.K. Mahasangh (supra),
the Supreme Court accepted the report of S.C. Agrawal Commission
in toto. The relevant portion of the same reads as under:
“Conclusions:
1. xxxxxx
2. The report of the commission of enquiry of
Hon. Justice S.C. Agrawal [retired], is
accepted and all objections filed against the
said report are rejected.
3. xxxx”
24. It is manifest from the above that the degree of “Sangeet
Prabhakar” and diploma of “Sangeet Visharad” are treated as
equivalent to a “Bachelor Graduation in Music”. We, therefore, find
no merit in the submission of the learned counsel for the petitioners
that Bihar Rajya M.S.E.S.K.K. Mahasangh (supra), being passed in
a different context, cannot govern the present case.
25. Furthermore, the CBSE has recognized “Sangeet Prabhakar” as
an eligible qualification for teachers to teach music in its affiliated
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schools. Delhi University and BHU have also recognized the said
degree as equivalent to a “Bachelor degree in Music”. Accordingly,
the degree of “Sangeet Prabhakar” possessed by the respondents is to
be treated as equivalent to a “Bachelor degree in Music” for purpose
of the post of Primary Teacher (Music).
26. We are conscious of the fact that the determination of
equivalence of qualification lies within the domain of the
executive/employer with interference of the Writ Court warranted
only in situations of manifest arbitrariness. However, in the present
case, the Advertisement in question provides for equivalence
exercise to be done. Hence, the petitioners should have kept in mind
the Judgement of the Supreme Court in Bihar Rajya M.S.E.S.K.K.
Mahasangh (supra).
27. In light of the above, we find no infirmity in the Impugned
Order passed by the learned Tribunal. The writ petition, being devoid
of merit, stands dismissed. The pending applications are disposed of
as infructuous.
28. No order as to costs.
MADHU JAIN, J.
NAVIN CHAWLA, J.
DECEMBER 04, 2025/Av
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