Court No. - 37
Case :- WRIT - A No. - 11394 of 2019 Petitioner :- Dr. Abhay Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Man Mohan Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioner has come to th is Court challenging the order of the Director (Higher Education) dated 30.5.2019 by which the absorption of the petitioner as Assistant Professor Physics has been cancelled.
The petitioner was appointed as Lecturer (Physics) on honorarium basis for teaching in a degree college. Pursuant to an amendment made under Section 31-E of the U.P. Higher Education Service Commission Act, 1980 such Lecturers on honorarium basis were to be absorbed. The petitioner being on honorarium basis was also absorbed. In the letter absorbing the petitioner it has been mentioned that if any information given by the petitioner at the later point of time appears to be incorrect then that absorption would be cancelled. It is submitted that the petitioner was absorbed as Assistant Professor (Physics), but upon verification it was found that he does not have the M.Sc. Degree in Physics, but M.Sc. Degree in Electronics, as such, it has been held that he does not have the requisite qualification and his absorption has been cancelled.
According to learned counsel for the petitioner the M.Sc. in Electronics is an allied subject of M.Sc. in Physics as held by the University Grant Commission (U.G.C.), therefore, it should be treated as valid qualification for being appointed as Assistant Professor (Physics) having M.Sc. Degree in Electronics.
Whether the M.Sc. in Electronics is the equivalent to M.Sc. in Physics, this Court is not competent to go into. The petitioner, whatever material he has, may approach the Director (Higher Education) by filing a representation and bringing on record before him the material to show that both the Degrees are equivalent and the Director will consider the claim of the petitioner and pass appropriate order in accordance with law within a period of one month from today.
The order impugned dated 30.5.2019 shall be kept in abeyance till the Director(Higher Education) or any competent authority in this behalf take a final decision on the representation of the petitioner.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 26.7.2019 Sunil Kr. Gupta