Court No. - 33
Case :- WRIT - A No. - 8632 of 2021 Petitioner :- Rajeev Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dibya Baranwal,Ajeet Kumar Baranwal Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan,Siddharth Singhal
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Siddharth Singhal for the respondent no.2 and Sri Kuldeep Singh Chauhan for the respondent no.3.
This Court in Writ Petition No.9668 of 2020 directed petitioner's claim for appointment to the post of Technical Assistant (Madhumakkhi Paalan Udyog) to be considered vide order dated 11.11.2020. Such claim of the petitioner has been considered and rejected by the Secretary of the Subordinate Service Selection Board, Lucknow. This order dated 4.1.2021 is under challenge in the present writ petition. Order impugned records that petitioner does not possess qualification for appointment to the post in question, and therefore his candidature has been discarded though petitioner has obtained marks above the cut off in his respective category.
Advertisement for the post in question is Annexure-1 to the writ petition. The post in question is at serial no.9 of the schedule. Clause 8 of the advertisement prescribes the eligibility and is reproduced hereinafter:-
"8-अननिववारर अररतवा-:(शशैनक्षिक) 1- उपररक्त सवारणण-1 मम क्रमवामांक-1 ससे पर 14 उनल्लिखखित "तकनिणककी सरवारक" कसे पददों पर भतर्ती रसेतर ननिम्निखलिखखित अननिववारर अररतवा ननिरवारररत रशै (शशैनक्षिक):
1- नवजवानि कसे सवाथ इमांटरमणनडिएट। 2- खिवादण तथवा गवाममोदमोग आरमोग कसे नकसण समांस्थवा अथववा खिवादण तथवा गवाममोदमोग आरमोग रवा खिवादण तथवा गवाममोदमोग बमोडिर दवारवा मवान्रतवा पवाप्त नकसण समांस्थवानि मम पनशक्षिण पवाप्त।"
Petitioner has obtained training from Horticulture and Food Processing Department, which is not as per the prescription of qualification specified in the advertisement. Petitioner's training is neither in any institute of respondent no.3 nor from an institute recognized by the respondent no.3. The advertisement is also not under challenge. Petitioner's plea that the qualification possessed by him is otherwise valid need not be entertained, once the advertisement has not been questioned. Law is otherwise settled that the eligibility of a candidate would have to be examined with reference to the qualification prescribed in the advertisement. Since petitioner's qualification has not been found as per the prescription specified in the advertisement, no exception can be taken to the order of the Commission.
Writ petition, accordingly, is dismissed.
Order Date :- 29.7.2021 Anil