Court No. - 16
Case :- WRIT - A No. - 9089 of 2018 Petitioner :- Amit Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Paritosh Sukla Counsel for Respondent :- A.S.G.I.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed stating that petitioner be directed to appear for the written test in Central Industrial Recruitment for a post occurring in Fire Cadre in Central Industrial Recruitment Forces. It is alleged that petitioner possesses qualification of Intermediate in Agriculture, and for such reason he is not being allowed to appear in the examination. It is stated that Intermediate in Agriculture ought to be treated as Intermediate in Science, which is the qualification prescribed in the recruitment for post. Reliance is placed upon a Division Bench judgment of this Court in Writ Petition No.22141 of 2004 (Niranjan Singh and Others Vs. State of U.P. and Others), decided on 23.12.2009 for the purpose.
Petition is opposed by Sri Pawan Kumar Srivastava appearing for the respondents.
Admittedly the requirement for appointment to the post in question is Intermediate in Science. The petitioner does not possess such requirement. Petitioner's contention that Intermediate in Agriculture ought to be treated as equivalent to Intermediate in Science does not appear convincing, inasmuch as no such equivalence is conceived of in terms of the advertisement itself. The Division Bench judgment in Niranjan Singh (supra) relied upon by the petitioner apparently has no applicability in the facts and circumstances of the present case, inasmuch as the question for consideration therein was noticed by the Division Bench in following words:-
"In all these writ petitions the question which falls for determination is as to whether candidates who had passed Bachelor of Science (Agriculture) or Bachelor of Science (Home Science) and applied for admission to the Special Basic Teaching Certificate (in short Special BTC) Course 2004 shall be treated as candidates of Science stream or Arts stream."
The question as to whether Intermediate in Agriculture shall be equivalent to Intermediate in Science was not the question before the Court, and any observation made therein cannot be construed as supporting the plea of petitioner. As a matter of fact, no such direction was otherwise issued by the Division Bench in operative portion, which reads as under:-
"In view of the aforesaid, we hold that the candidates who had obtained their decree for B.Sc. (Agriculture) or B.Sc. (Home Science) be treated to be candidates belonging to the science stream for the purposes of admission to the Special BTC course 2004.
Counsel for the petitioners state that a large number of seats are still available in the Special BTC course 2004 on which the candidates who have passed Bachelor of Science (Agriculture) and Bachelor of (Home Science) can be accommodated.
We do not find any material to record a finding in this regard. In case seats/vacancies are available for admission, the respondents shall consider the cases of all those candidates who had passed B.Sc. Science (Agriculture) or B.Sc. Science (Home Science) treating them to be belonging to the science stream. Benefit of this order shall not only be confined to the writ petitioners but would be available to all the candidates who had applied and belong to aforesaid categories.
All the writ petitions stand disposed of accordingly."
As the petitioner does not fulfill the requisite qualification for the post in question, no mandamus can be issued to permit him to appear in the examination.
Writ petition is, accordingly, dismissed.
Order Date :- 30.3.2018 Anil