Court No. - 38
Case :- WRIT - A No. - 10705 of 2019 Petitioner :- Vikas Srivastav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh,Dharmraj Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Grievance in this petition is that though petitioner has secured marks the above the cut-off but he has not been allowed participated in the physical test and typing test for appointment to the post of Assistant Sub-Inspector Police (Ministerial).
Learned Standing Counsel has obtained instructions, according to which petitioner does not possess requisite qualification for appointment to the post in question. Advertisement, pursuant to which recruitment is initiated, is annexed as Annexure No.1 to this petition. Clause 3.2 (1)(d) specifies requirement of 'O' Level Certificate from DOEACC (NIELIT) Society. It is admitted that petitioner does not possess such certificate. It is however, submitted that Clause 3.3 accords preference to a candidate who has a graduation degree in computer application.
Clause 3.3 provides for preference to be given to such persons who possesses qualification specified therein. This clause will come into play only when educational qualification specified in para 3.2 is possessed by the candidates. Clause 3.3 starts with the phrase 'that when all other conditions are similar', the candidate possessing qualification in Clause 3.3 would be entitled to preference. Candidate, who does not possess qualification specified in Clause 3.2, would not be entitled to the benefit under Clause 3.3. Question of preference will not arise in the absence of minimum qualification possessed by the candidates. Petitioner admittedly does not possess qualification specified in Clause 3.2.
The writ petition is, accordingly, dismissed.
Once the qualification has been prescribed in the advertisement itself, the contention that petitioner’s qualification is a higher qualification, and therefore, is liable to be accepted, need not be examined by this Court, inasmuch as- equivalence-of qualification etc. are to be determined by the appointing authority and is not an issue that requires consideration by this Court, at the first instance, particularly when the stipulation in the advertisement itself is not challenged.
Order Date :- 31.7.2019 M. ARIF