Court No. - 36
Case :- WRIT - A No. - 12876 of 2018 Petitioner :- Km. Amisha Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kripa Shanker Singh,Gaurav Singh Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha Hon'ble Mrs. Sunita Agarwal,J.
The petitioner seeks a writ of certiorari quashing the academic qualification prescribed in the advertisement issued in January 2016 with respect the women candidates with the assertion that the rule relating to appointment on the post of Village Development Officer (female) is U.P. Rural Development (Women) Non-gazetted Service Rules, 1978. The submission is that the academic qualification for female candidates prescribed therein has not been notified in the advertisement in question.
The requirement in the advertisement of having passed Intermediate Examination in Science or Agriculture is in derogation of the recruitment rule. The candidature of the petitioner cannot be cancelled on the ground that she has passed Intermediate examination in Arts subject.
Sri K.S. Kushwaha, learned counsel for the respondent- Commission disputes to the submission of learned counsel for the petitioner with the assertion that reference has been made to a wrong rule. It is vehemently contended that the U.P. Rural Development (Gram Sevika) Service Rule, 1980 has no relevance to the post in question.
The post in question namely village Development Officer is governed by the U.P. Rural Development Gram Sewak Service Rules, 1980. The academic qualification provided in Rule 8 of the Rules 1980 reads as under:-
"8. Academic qualifications. - A candidate for direct recruitment to the service must have passed the Intermediate examination with Science, or Agriculture, from the U.P. Board of High School and Intermediate Education or an examination recognised by the Government as equivalent thereto."
It is further submitted that the post of "Gram Sewak" in Rule 1980 has now been re-designated as "Village Development Officer" by amendment brought in the year 1989; but in so far as the academic qualification for appointment to the said post, there has been no change.
In view of the said submission, it is found that the advertisement in question is in conformity with the recruitment rules.
So far as the rules, 1978 relied upon by learned counsel for the petitioner is concerned, the same pertains to a different post from the post advertised. Learned counsel for the petitioner has not been able to demonstrate before the Court that the post of "Gram Sewak" which has not been re-designated as Village Development Officer, is governed by the 1978 Rules, referred by him.
In view thereof, the requirement of Rules, 1978 cannot be insisted to challenge the advertisement in question.
The writ petition is found misconceived and hence dismissed. Order Date :- 28.5.2018 AK Pandey