Allahabad High Court
Anuj Kumar Dubey And 14 Others vs State Of U.P. And 2 Others on 13 September, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 13872 of 2019 Petitioner :- Anuj Kumar Dubey And 14 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harishchandra Dubey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioners applied for appointment to the post of Sub-Inspector (Confidential), pursuant to recruitment exercise initiated by State vide Advertisement, dated 26th December, 2016. The qualification prescribed for appointment in the advertisement included 'O' Level Certificate from DOEACC/NIELIT Society. Petitioners allege that they have higher qualification and, therefore, mere non possessing of 'O' Level Certificate would not be a valid ground to deny consideration to the petitioners' claim. The certificate of Bachelor in Computer Application and Master in Computer Application, etc. have been brought on record in support of such contention.
Learned Standing Counsel opposes the prayer made in the writ petition by contending that qualification prescribed in the advertisement is essential and alleged higher qualification would not be of any avail to the petitioners cause. It is also submitted that the issue otherwise stands resolved by a Full Bench of this Court in Writ Petition No. 24273 of 2018 (Deepak Singh And 9 Others Vs. State Of U.P. And 8 Others), decided on 23.7.2019, where it has been clearly held by the Full Bench that possession of alleged higher qualification would not be of any avail and the qualification specified in the advertisement would have to be possessed in case candidates' claim is to be considered against the post in question.
Admittedly petitioners do not possess prescribed qualification of 'O' Level Certificate. Their higher qualification cannot be looked into in view of the Full Bench Judgment of this Court.
The writ petition lacks merit and is dismissed.
Order Date :- 13.9.2019 Ranjeet Sahu