JUDGMENT : Ranjan Sharma, J. Petitioner, Suneel Kumar, has come up before this Court seeking the following relief(s): (i). Quash the letter dated 24.04.2018 [Annexure A-9] for all intents and purposes. (ii). Issue direction to respondents No.1 and 2 to treat the applicant’s certificate of 10+2 from Uchtar Madhyamik Shiksha Mandal, Delhi [UMSMD] to be genuine certificate in terms of communication dated 12.07.2012, issued by respondent No.5 for all intents and purposes. (iii). In alternative consider the Graduation qualification of the applicant the requisite qualification for the post of Junior Officer Assistant (IT) for all intents and purposes. (iv). Issue directions to the respondents No.1 and 2 to consider the candidature of the applicant for the post of Junior Office Assistant (IT) on contract basis in furtherance of Annexure A- 6, immediately.” FACTUAL MATRIX: 2. Grievance of the petitioner is that the petitioner passed 10+2 i.e. Senior Secondary Examination from Higher Secondary Education Board Delhi [UMSMD] with Centre at Naina Academy, Himachal Pradesh on 25.06.2013 as per Annexure A-1. It is averred that this Certificate was recognized for purposes of employment by Ministry of Human Resource Development [Department of Secondary and Higher Education dated 12.07.2012, Annexure A-2]. It is averred that the petitioner is an Ex-Servicemen and based on the requisition sent by the Ex-servicemen Cell to Respondent No.2-Director of Elementary Education, Himachal Pradesh, the name of the petitioner Suneel Kumar was nominated for appointment for the post of Junior Office Assistant (IT) on contract basis on 06.10.2017 [Annexure A-6], with the direction to Director of Elementary Education to issue necessary appointment orders within 10 days. It is further averred that in November, 2017 [Annexure A-7], the petitioner, Suneel Kumar, was called for verification of certificates for the post of Junior Office Assistant (IT) against the Ex-servicemen quota with directions to appear for verification on 12.12.2017. Consequently, the petitioner appeared for verification of documents but to the dismay of the petitioner, the respondent No.2-Director of Elementary Education issued a Communication dated 24.04.2018 [Annexure A-9] treating the petitioner as held “Not Eligible for the Post”, on the ground, that the petitioner acquired 10+2 certificate from Higher Secondary Education Board Delhi, which was not recognized by Himachal Pradesh Board of School Education, Dharamshala. It is further averred that on the basis of aforesaid 10+2 Certificate and the fact that petitioner had rendered more than 15 years service in the Army, the petitioner was deemed to be a “Graduate” as per the certificate issued by Army Authorities on 16.02.2015 [Annexure A-1, Colly] and therefore, the rejection order was assailed by the petitioner herein. STAND OF RESPONDENTS NO.1 AND 2 IN REPLY: 3. Respondents No.1 & 2 have filed the reply- affidavit dated 15.06.2019 of Director of Elementary Education. Stand of respondents No.1 & 2 in the Reply-Affidavit is that the petitioner is an Ex-servicemen and his name was nominated by the Director of Sainik Welfare, Ex-Servicemen Cell for the post of Junior Office Assistant (IT), against the vacancy reserved for Ex-Servicemen on 06.10.2017. After nomination, the petitioner was called for counselling/verification, of qualification certificates on 12.12.2017 and during verification the Committee observed that the petitioner had passed 10+2 from Higher Secondary Education Board, Delhi which is not recognized by the Himachal Pradesh Board of School Education, Dharamshala. Based on this verification-cum-counselling carried by the department, the candidature of the petitioner was rejected. REPLY-AFFIDAVIT BY RESPONDENT NO.3- DIRECTOR, SAINIK WELFARE EX-SERVICEMEN EMPLOYMENT CELL: 4. Director, Sainik Welfare-cum-Ex-Servicemen Employment Cell, being the Respondent No.3 filed its Reply-Affidavit dated 13.06.2019. Perusal of Reply-Affidavit indicates that 15% reservation was prescribed in recruitment for Class-I to Class-IV posts. Para 3 of Reply-Affidavit states that a panel is drawn of eligible Ex-Servicemen, based on registration, seniority, eligibility and qualifications and military service record. Reply-affidavit further admits that the name of the petitioner was nominated for post of Junior Office Assistant (IT) on 06.10.2017. In Para 7 of Reply-Affidavit, it is stated that the Ex-Servicemen Cell nominated the petitioner for appointment against the reserved post of Junior Office Assistant (IT) meant for Ex-Servicemen on 06.10.2017 with the note that the appointment is subject to verification of documents by employer. Reply-affidavit further indicates that cases of recognition of general academic qualification(s) shall be governed in terms of Department of Personnel [Annexure A-2] Office Memorandum dated 30.09.1977. It is averred that since the Respondent No.3 had nominated the candidature of petitioner after testing his eligibility etc. therefore, the aforesaid respondent did not offer any comments, with respect to the ineligibility of the petitioner. NO REPLY BY RESPONDENT NO.4: 5. It is averred that since the Respondent No.3 had nominated the candidature of petitioner after testing his eligibility etc. therefore, the aforesaid respondent did not offer any comments, with respect to the ineligibility of the petitioner. NO REPLY BY RESPONDENT NO.4: 5. Pursuant to the issuance of notice and appearance by respondent No.4 through counsel, no reply has been filed in instant proceedings, as yet. REBUTTAL BY PETITIONER: 6. In rebuttal-rejoinder, the petitioner has reiterated its claim made in the writ petition by stating that 10+2 Certificate issued by UMSM, Delhi i.e. Higher Secondary Education Board, Delhi was valid for purposes of employment under the Centre/State Government Services, as per the Communication dated 12.07.2012 [Annexure A-2]. 7. Learned Counsel on Instructions of the petitioner, Suneel Kumar states that the petitioner is still unemployed and in case, the employment is given, the petitioner shall be satisfied with notional benefits but without past arrears. [Statement Taken on Record] 8. Heard Mr. Devender Sharma, Learned Counsel for the petitioner, Mr. Navlesh Verma, Learned Additional Advocate General, for respondents No.1 to 3 and Mr. Lokender Paul Thakur, Senior Panel Counsel, for respondent No.4. ANALYSIS: 9. Taking into account of the facts and circumstances, this Court is of the considered view that once the petitioner was duly nominated by Ex- Servicemen Cell on 06.10.2017 [Annexure A-6], for the post of Junior Office Assistant (IT) after testing his eligibility, then, Rejection Orders dated 24.04.2018 [Annexure A-9] passed by Director of Elementary Education, Himachal Pradesh, treating the petitioner as not eligible for the post of Junior Office Assistant (IT) on contract basis, need to be interdicted by this Court, for the following reasons: 9(i). Indisputably, the petitioner, Suneel Kumar, passed his 10+2 from Higher Secondary Education Board, Delhi [also called as UMSMD] on 25.06.2013 [Annexure P-1, Colly]. The aforesaid 10+2 Certificate awarded by Higher Secondary Education Board, Delhi was treated as recognized for the purposes of employment by the Central Government i.e. Ministry of Human Resource Development, Department of Secondary and Higher Education as per the Communication dated 12.07.2012 [Annexure A-2]. Based on aforesaid 10+2 Certificate, the petitioner being an Ex-Servicemen, got himself registered with the Respondent No.3-Employment Exchange [Ex-Servicemen Cell] on 14.06.2017, for being considered for Civil Employment against the reserved post meant for Ex-servicemen, which is clear from Annexure R-III. 9(ii). Based on aforesaid 10+2 Certificate, the petitioner being an Ex-Servicemen, got himself registered with the Respondent No.3-Employment Exchange [Ex-Servicemen Cell] on 14.06.2017, for being considered for Civil Employment against the reserved post meant for Ex-servicemen, which is clear from Annexure R-III. 9(ii). Once the petitioner passed 10+2 Examination from UMSMD i.e. Higher Secondary Education Board Delhi on 25.06.2013 [Annexure P-1] and this qualification was automatically recognized for purposes of employment by the Central Government on 12.07.2012 [Annexure A-2] then, the orders dated 24.04.2018 [Annexure A-9] passed by the Respondent No. 3, treating the petitioner as ineligible for the post of Junior Office Assistant on 24.04.2018 [Annexure A-9] cannot sustain. 9(iii). The plea that 10+2 Examination passed from Higher Secondary Education Board Delhi is not recognized by Himachal Pradesh Board of School Education is fallacious, perverse and vitiated by non-application of mind, in view of the fact, that nothing has been placed on record, based on any Statute or Statutory Regulations or Notifications [either under the H.P. Board of School Education Act 1968 or otherwise] mandating that a Degree/Diploma including Certificates awarded by a Board or University [including Higher Secondary Education Board Delhi or other Boards/University] was required to be recognized by Himachal Pradesh Board of School Education as spelt out in the rejection orders. The respondents 1 to 4 have failed to corroborate their stand in Reply-Affidavit that Degree-Diploma [including Certificate] of 10+2 awarded by another University/Board, [Higher Secondary Education Board Delhi-UMSMD] was required to be recognized by the H.P. Board of School Education. In these circumstances, the rejection orders, dated 24.04.2018 cannot stand the test of judicial scrutiny and are set aside. TREATING PETITIONER INELIGIBLE CONTRARY TO OFFICE MEMORANDUM DATED 30.09.1977 AND COMMUNICATION DATED 12.07.2012- UNTENABLE: 10. Perusal of 10+2 Certificate [Annexure A-1, Colly] dated 25.06.2016 [At Page No.13 of Paper-Book] reveal that petitioner passed the examination from Higher Secondary Education Board Delhi [also called [UMSMD]. The Central Government has issued a Communication dated 12.07.2012 [Annexure A-2] ipso facto recognizing the Degrees/Diplomas [includes Certificates] awarded by another University/Board, for the purposes of employment in Centre/State Government Services. Even the State Government has issued an Office Memorandum on 30.09.1977 [Annexure R-9], prescribing the procedure for recognition of General Academic and Non-Technical Degrees/Diplomas awarded by University/Board/Institutions etc. The Central Government has issued a Communication dated 12.07.2012 [Annexure A-2] ipso facto recognizing the Degrees/Diplomas [includes Certificates] awarded by another University/Board, for the purposes of employment in Centre/State Government Services. Even the State Government has issued an Office Memorandum on 30.09.1977 [Annexure R-9], prescribing the procedure for recognition of General Academic and Non-Technical Degrees/Diplomas awarded by University/Board/Institutions etc. for recruitment to various services/posts under the State Government by providing that all orders issued by Central Government giving recognition to Degrees/Diplomas shall ipso facto apply in State of Himachal Pradesh. The Office Memorandum dated 30.09.1977 [Annexure R-IX], reads as under: [Annexure R-IX] “No.2-10/73-DP(Apptt.-11) Government of Himachal Pradesh Department of Personnel (A-11) Dated shimla-171 002, the 30th September, 1977. OFFICE MEMORANDUM Subject:- Recognition of general academic/ technical/non-technical degrees/diplomas for the purpose of recruitment under the State Government. The undersigned is directed to say at question of evolving precise procedure for processing the cases in regard to recognition of general academic/ technical/non-technical degrees/diplomas awarded by various universities/Boards/ institutions etc. for the purpose of recruitment to various services/posts under the State Government was under consideration of the Government for some time past. consideration, the following procedure processing such cases:- (i) The cases for recognition of general academic and non-technical degrees/ diplomas shall be dealt with in the Department of Personnel (A-11) and the orders will also be issued by this Department. The Department of Personnel (A-11) shall consult the Education Department or the other Department(s) dealing with the affairs of such non-technical profession; if need be; (ii). * ** *** not relevant (iii). All orders of the Central Government recognising degrees/diplomas for recruitment in all professions/trades shall ipso-facto apply in Himachal Pradesh, but the orders shall be issued/circulated by the Departments as indicated at (i) to (iii) above; 2. The above procedure may kindly be brought to the notice of all concerned for information, guidance and necessary action. Sd/- (Suneeta Mukherjee) Joint Secretary (Personnel)” 10(i). Scrutiny of the Office Memorandum dated 30.09.1977 [Annexure R-IX] and a combined reading of Clause (i) & Clause (iv) admits in clear terms that all orders of Central Government recognizing Degrees/ Diplomas for recruitment in all professions/ trades shall ipso facto apply in Himachal Pradesh. Sd/- (Suneeta Mukherjee) Joint Secretary (Personnel)” 10(i). Scrutiny of the Office Memorandum dated 30.09.1977 [Annexure R-IX] and a combined reading of Clause (i) & Clause (iv) admits in clear terms that all orders of Central Government recognizing Degrees/ Diplomas for recruitment in all professions/ trades shall ipso facto apply in Himachal Pradesh. The only caveat as is borne out from the aforesaid Clauses, is that for purposes of ipso facto recognition, the orders are to be issued by the Department of Personnel after consultation of Education Department, if need be. Non-performance or inaction of the State Authorities [Department of Revenue or Education Department] in not passing the orders as per Clause 1(i) & (iii) of OM cannot form basis for treating the petitioner ineligible. Non-performance of obligation by State Authorities cannot render the ipso-facto recognition otiose or redundant. Once Central Government has admittedly treated the 10+2 Certificate awarded by Higher Secondary Education Board Delhi [UMSMD] and resultantly the 10+2 Examination Certificate of the petitioner awarded on 25.06.2013 [Annexure P-1 colly], Higher Secondary Education Board Delhi and was recognized for recruitment to service-posts under Respondent-State, therefore, this Court sees no reason as to why and on what basis, the Respondents 1 to 3 though Director of Elementary Education, Himachal Pradesh has treated the petitioner as ineligible, for the post of Junior Office Assistant (IT) by issuing the Rejection Order on 28.04.2018 [Annexure A-9]. The cumulative effect of the Communication dated 12.07.2012 [Annexure A-2] and the Office Memorandum dated 30.09.1977 [Annexure R-IX] confers ipso facto recognition to the degrees/diplomas including certificates which have been recognized by Central Government for recruitment. These material facts have been ignored and the Rejection Order dated 24.08.2018 [Annexure A-9] being contrary to the Communication [Annexure A-2] and the Office Memorandum [Annexure R-9] cannot be permitted to operate. The rejection orders passed by ignoring the relevant aspects and the ipso-facto recognition for recruitment to various services-posts under the Respondent-State as per the Office Memorandum dated 30.09.1977 [Annexure R-IX] vitiates the decision making process, leading to erroneous rejection, by treating the petitioner as ineligible cannot operate to the disadvantage to the petitioner. TREATING PETITIONER INELIGIBLE CONTRARY TO RECRUITMENT RULES UNSUSTAINABLE: 11. Perusal of Recruitment and Promotion Rules for the post of Junior Office Assistant (IT) [Annexure A-3], as reproduced in Reply-Affidavit by Respondents 1 to 3 through-Director, Elementary Education, Himachal Pradesh, reads as under:- “4. TREATING PETITIONER INELIGIBLE CONTRARY TO RECRUITMENT RULES UNSUSTAINABLE: 11. Perusal of Recruitment and Promotion Rules for the post of Junior Office Assistant (IT) [Annexure A-3], as reproduced in Reply-Affidavit by Respondents 1 to 3 through-Director, Elementary Education, Himachal Pradesh, reads as under:- “4. That it is submitted that the essentials/qualification for recruitment as Junior Office Assistant (IT) in Department of Elementary Education Himachal Pradesh which is as under Annexure R-IV. (a) Essential: (i) 10+2 from a recognized Board of School Education/University. (ii) One year Diploma in Computer Science/Computer Application/Information Technology from recognized university/ Institution. (iii) Computer typing speed of 30 words per minute in English or 25 words per minute in Hindi. OR (i) 10+2 from a recognized Board of School Education/University. (ii) ‘O’ or ‘A’ level Diploma from National Institute of Electronics & Information Technology (NIELIT). (iii) Computer typing speed of 30 words per minute in English or 25 words per minute in Hindi. OR (i) 10+2 from a recognized Board of School Education University. (ii). Diploma in information Technology (IT) from a recognized ITI/Institution. (iii) Computer typing speed of 30 words per minute in English or 25 words per minute in Hindi.” 11(i). Even a perusal of the Recruitment and Promotion Rules indicate that the essential qualification for the post of Junior Office Assistant is 10+2 from a recognized Board of School Education/University. The Rejection Orders dated 24.04.2018 [Annexure A-9], treats the petitioner as ineligible for the post of Junior Office Assistant, on the plea, that 10+2 Certificate of the petitioner awarded by Higher Secondary Education Board Delhi [called as UMSMD] is not recognized by Himachal Pradesh Board of School Education and therefore, the petitioner was not eligible. The aforesaid Rejection Order is on the face of it untenable, for the reasons, firstly, a perusal of Recruitment & Promotion Rules mandates the essential qualifications as 10+2 from a recognized Board of School Education/University. These Rules nowhere provides that 10+2 Certificate awarded to petitioner from Higher Secondary Education Board, Delhi [Annexure A-1, Colly] on 25.06.2013 was not valid for recruitment for post of Junior Office Assistant [IT] in Himachal Pradesh. Even, Recruitment and Promotion Rules for post of Junior Office Assistant [IT], nowhere requires that a Degree/Diploma [includes Certificates] awarded by another University/Board was required to be recognized by Board of School Education. Even, Recruitment and Promotion Rules for post of Junior Office Assistant [IT], nowhere requires that a Degree/Diploma [includes Certificates] awarded by another University/Board was required to be recognized by Board of School Education. An artificial or superfluous classification [as in the rejection orders] being contrary to Rules 7(i) (I) cannot operate to the disadvantage of the petitioner; and secondly, once 10+2 Certificate was recognized by a Board [Higher Secondary Education Board Delhi-UMSMD] and nothing has been pointed out as to why the aforesaid 10+2 Certificate is required to be separately recognized by Himachal Pradesh Board of School Education. The interpretation, which is sought to be given by the State Authorities- Director of Elementary Education, in the Rejection Orders, requiring a Degree or Diploma [including Certificates] awarded by another Statutory Board or Statutory University, to be recognized by Himachal Pradesh Board of School Education or University in Himachal Pradesh shall certainly amount to carving out ineligibility qua the petitioner dehors the Recruitment and Promotion Rules for post of Junior Office Assistant [IT]. Such an interpretation tends to limiting or oust the petitioner from the zone of consideration for posts of Junior Office Assistant [IT], despite being duly eligible and based on his eligibility was nominated for appointment on 06.10.2017 [Annexure R-6]. The interpretation sought to be invoked, as reflected in rejection orders, would render the Recruitment and Promotion Rules, otiose and nugatory, which is impermissible; and thirdly, the petitioner-eligible cannot be rendered ineligible by carving out an artificial, onerous and superfluous distinction, which has no nexus with the object sought to be achieved, by defeating the eligibility acquired under the Recruitment and Promotion Rules and the Communication dated 12.07.2012 [Annexure A-2] and Office Memorandum [Annexure R-2] as referred to above; and fourthly, such an artificial distinction cannot be permitted to operate which is neither necessitated nor spelt out in Rule 7 (a) (i) of the Recruitment and Promotion Rules [Annexure A- 3], as reproduced above; and lastly, once based on 10+2 Certificate passed on 25.06.2013 and 15 years service in Army, the Army Authorities have treated the petitioner as “Graduate’ on 11.02.2015 [At Page 14 of Paper-Book] by issuing the Graduation Certificate then, the rejection orders dated 24.04.2018 [Annexure A-9] treating 10+2 Certificate as “not recognized for employment”, negates the recognition given to said Certificate of 10+2 and the Graduate Certificate, retrospectively, which is arbitrary and impermissible. In this background, this Court holds the petitioner, eligible and entitled to be considered and upon consideration to grant resultant appointment as Junior Office Assistant (IT) on the basis of his nomination dated 06.10.2017 [Annexure A-6] against reserved post meant for Ex-serviceman. Resultantly, the Rejection Order dated 24.04.2018 [Annexure A-9] is declared inoperative and is set aside. The grounds in rejection orders, shall not come in the way of Respondents in taking the nomination of the petitioner, towards appointment as Junior Office Assistant (IT) against reserved post meant for Ex-serviceman to its logical end. DIRECTIONS: 12. In view of above discussion and for the reasons recorded hereinabove, the instant petition is allowed in the following terms: (i). Rejection Orders dated 24.04.2018 [Annexure A-9] is quashed and set aside. (ii). Respondents-State Authorities are directed to give effect to the nomination dated 06.10.2017 [Annexure A-6] by appointing the petitioner as Junior Office Assistant against reserved-Ex-serviceman post from the date other similarly placed nominated candidates were appointed; on notional basis with seniority and pay fixation benefits; but without past arrears; (iii). Entire action be completed on or before 31.12.2025. (iv). Costs made easy. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of.