Petitioner's claim for appointment to the post of Police Sahayak/A.S.I. (confidential) has been ignored on the ground that petitioner does not possess O-Level Certificate in computer.
It is alleged that petitioner holds higher qualification of P.G. Diploma in computer and, therefore, petitioner's candidature ought not to be ignored for such reason.
Sri Sharad Upadhayay, learned State counsel places reliance upon a Full Bench Judgment of this Court in the case of Deepak Singh and 9 others Vs. State of U.P. and others in Writ Petition No. 24273 of 2018, where the issue raised in that regard has been answered by the larger Bench in following words:-
"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.
The questions referred are answered as above, the files are relegated to the court concerned for adjudication in terms of the questions answered by us."
The aforesaid judgment has also been followed in Writ Petition No. 14151 of 2019 (Raghuvendra Pratap Singh Vs. State of U.P. and another) passed on 17.09.2019.
In view of law laid down by the larger Bench of this Court, the contention raised on behalf of petitioner cannot be accepted.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 30.9.2019 M. ARIF