The present writ petition has been filed by the petitioners, inter-alia, praying for following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus commanding upon the respondent no. 3-U.P. Secondary Service Selection Board, Allahabad, to treat the petitioners as qualified for the post of Lecturer (Hindi) in pursuance to the Advertisement no. 1/2003 issued by the respondent no.3 (annexure no. 1 to the writ petition) .
(ii) issue a writ, order or direction in the nature of mandamus commanding upon the respondent no. 3 to take the interview of the petitioners for the post of Lecturer (Hindi) and further to declare the result of the petitioners for the aforesaid post of Lecturer (Hindi) against the Advertisement no. 1/2003.
(iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) Award cost of the petition to the petitioner."
The brief facts which give rise to this writ petition are that:
The petitioners have made an application for the post of Lecturer (Hindi) against the advertisement no. 1/2003 issued by the respondent no.3 and published in various newspapers.
Under the above said advertisement, published by the respondent no.2, the qualifications for the post of Lecturer (Hindi) are that the candidate must be post-graduate in Hindi and at the same time she must have obtained his B.A. degree with Sanskrit as one of the subject.
The petitioners submitted that they are concerned with the post of Lecturer in Hindi. The total 223 vacancies for the post of Hindi Lecturer were advertised for various colleges under grant-in-aid of the State Government. 44 posts were reserved for the persons belonging to backward class. The petitioners belong to backward community "JAT".
The petitioner fulfil all the educational qualifications. The petitioner no.1 is M.A. (Hindi) and also obtained Ph.D. Degree in Hindi and also obtained M.A. (Sanskrit) Degree and the petitioner no.2 also a M.A. (Hindi), M.A. (Sanskrit), Ph.D. (Hindi) and also obtained B.Ed. degree.
Since both the petitioners qualified in the written examination conducted by the Selection Board, and after the following written examination, they have been issued interview letters fixing 24.9.2004 and 25.9.2004.
Both the petitioners appeared before the Interview Board on the respective dates. However, the Selection Board, after completing all the formalities, seeking the consent regarding the colleges, in which the petitioners preferred for seeking appointment, and further, after taking the signatures on the paper sheets, informed that they shall not be considered for the post of Lecturer (Hindi) as they do not fulfil the minimum educational qualifications as indicated in the advertisement.
Thereafter, the petitioners met the Secretary of the Selection Board and tried to convince him that the petitioners fulfilled the qualifications as required in the advertisement. However, the petitioners were being disqualified as the Board has taken a technical interpretation of the qualifications.
The petitioners having a degree of M.A. (Sanskrit), completely fulfil the minimum educational qualifications of degree of B.A, is better qualified than a person who have done B.A. with one of subject Sanskrit.
Plea taken by the Selection Board is wholly incorrect as petitioners are M.A.Degree in Sanskrit. It is further relevant to mention that all those persons, who have done post graduate in Sanskrit as well as in Hindi, are eligible for being qualified for the post of Lecturer in Hindi.
While at the time of admission of the writ petition, the Court observed that any selection and appointment shall abide final judgement.
In spite of time granted to the state-respondents, they have not filed any counter affidavit so far. Hence, this writ petition is decided on merits.
Learned counsel for the petitioners submitted that petitioners are fully qualified and eligible for the post of Lecturer in Hindi in pursuance to the advertisement. The petitioners being done M.A. in Sanskrit as well as in Hindi and further they hold Ph.D. in Hindi, therefore, they cannot declared to be disqualified on technical interpretation of qualifications. The person holding the degree of M.A. (Sanskrit) would be better qualified than that of a candidate, who has done B.A. with one of the subject as Sanskrit. The petitioners holding degree of M.A. (Hindi) and M.A. (Sanskrit) would be qualified for the post of Lecturer (Hindi). The commission has taken the technical view on the qualification, which is wholly irrelevant.
The petitioners relied upon the judgement of this Court passed in Writ Petition No. 4779 of 2003 (Chandra kala Devi vs. U.P. Secondary Education Service Selection Board, Allahabad) in which the same controversy involved before this Court and the judgement of Special Appeal No.1366 of 2003 filed against the judgement of writ petition dated 14.2.2003 (U.P. Secondary Education Services Selection Board, Allahabad vs. Chandra kala Devi).
Admittedly, the petitioners are M.A. in Hindi as well as M.A. in Sanskrit, therefore, the petitioners possess higher qualifications than the minimum qualification required, the rejection of the candidature of the petitioner is wrong.
In the judgement relied upon by the petitioners, the controversy is same, in case, the petitioner was also a candidate, who applied for appointment on the post of assistant teacher in L.T. Grade in Hindi subject although she obtained M.A. degree, her candidature was not considered although she was qualified for interview.
On the basis of instructions received by the learned Standing Counsel, it was revealed that the candidature of the petitioner was not considered and the result was not declared as she possess higher qualification, which is M.A. in Hindi and also in Sanskrit.
Learned Single Judge while allowing the writ petition, observed as under:
"It is admitted to the parties that the petitioner does possess M.A. Degree in Sanskrit as well as Hindi but according to the Board although she may be a post graduate with Hindi and Sanskrit but since she does not have the graduation degree with the said subjects she cannot be considered for appointment against the said advertisement. Learned counsel for the petitioner has placed reliance on two Division Bench decisions of this Court. In Laxmi Narain Yadav Versus District Inspector of Schools & others 1988 (14) ALR 226 this Court has dealt with a similar situation where the candidate had a post graduation degree in a subject where graduation degree was required and it was held that the same would be sufficient qualification. In Firoj Alam Khan & others Versus State of U.P. & others 1986 UPLBEC 674 this Court held that better or higher qualifications make a person in eligible for a post with lesser qualification is a proposition which is against all norms and rationality."
Respondents, U.P. Secondary Education Services Selection Board went into Special Appeal, which was also dismissed vide order dated 12.1.2004. Learned Single Judge has taken right view that petitioner is qualified to be assistant teacher in L.T. Grade in Hindi.
Keeping in view the above judgement, the petitioners are also entitled to the claim. The stands taken by the Board is hyper technical and cannot be allowed.
In view of the above, the writ petition is allowed. The respondents are directed to consider the candidature of the petitioners after taking interview, if they found suitable, they may be given appointment against any vacancy left unfilled and in case no vacancy exist then vacancy be created.
Order Date :- 13.2.2014 Ajeet