Allahabad High Court
Anand Kumar vs State Of U.P. And 2 Others on 19 September, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 14530 of 2019 Petitioner :- Anand Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Pandey,Ashish Jaiswal Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been non suited in the recruitment exercise initiated for appointment to the post of clerk and Office Assistant, in the recruitment exercise initiated vide advertisement dated 26.12.2016. Petitioner states that though he has successfully competed in the recruitment exercise but his claim has wrongly been discarded.
Learned Standing Counsel submits that the petitioner does not fulfil requisite eligibility in terms of the advertisement.
One of the eligibility conditions that has been specified in Clause-3.2 of the advertisement is possessing 'O' level computer certificate from DOEACC/ NIELIT society. Petitioner states that he has a higher qualification inasmuch as petitioner has passed three years bachelor in Computer application and his level of knowledge is above 'O' level certificate.
Learned Standing Counsel points out that the issue as to whether higher qualification is permissible has been examined by the larger bench of this Court in Writ Petition No. 24273 of 2018 (Deepak Singh and others Vs. State of U.P. and others. Following observations are made by the Larger Bench:-
"1) A Diploma in Engineering and Degree in Engineering are two distinct qualifications and a degree in the field in question cannot be viewed as a higher qualification when compared to Diploma in that field.
2) The decision in the case of Alok Kumar Mishra (supra) and Kartikey (supra) laid down the correct position in law holding that the degree holder is excluded from the zone of consideration for appointment as a Junior Engineer with regard to the Diploma in question.
3) The degree holder is held to be ineligible to participate in the selection process of Junior Engineer in the light of the Advertisement issued.
4) The exclusion of the degree holders from the zone of consideration is in consonance with the tests propounded by the Supreme Court in case of State of Uttarakhand and others vs. Deep Chandra Tewari and another.
5) The State Government, while prescribing the essential qualifications or desirable qualifications are best suited to decide the requirements for selecting a candidate for nature of work required by the State Government and the courts are precluded from laying down the conditions of eligibility. If the language in the Rules is clear judicial review cannot be used to decide what is best suited for the employer.
6) The 'O' level Diploma granted by NIELIT is not equivalent to Post Graduate Diploma in Computer Application and there is no presumption available to hold that the PGDCA possess the necessary qualification as prescribed for 'O' level Diploma accorded by NIELIT. "
In view of the authoritative pronouncement of law by the Larger Bench, petitioner cannot be permitted to urge that because of his higher qualification, non-possessing of 'O' level certificate required as eligibility would be exempted. No exception can be taken if petitioner has not been considered.
Writ petition fails and is accordingly dismissed.
Order Date :- 19.9.2019 n.u.