Yogendra Singh vs State Of U.P. And 3 Others
2021 Latest Caselaw 1028 ALL

Citation : 2021 Latest Caselaw 1028 ALL
Judgement Date : 18 January, 2021

Allahabad High Court

Yogendra Singh vs State Of U.P. And 3 Others on 18 January, 2021

Bench: Munishwar Nath Bhandari, Rohit Ranjan Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 810 of 2020
 

 
Appellant :- Yogendra Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Lakshmi Kant Trigunait,Dev Kant Trigunait
 
Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

By this special appeal, a challenge is made to the judgment and order dated 05.10.2020 passed by the learned Single Judge. The writ petition preferred by the petitioner-appellant has been dismissed by the impugned judgement.

It is a case where the appellant applied for the post of Assistant Teacher pursuant to the advertisement issued by the respondents. The required qualification given in the advertisement was B.Sc. along with Mathematics or B.A. along with Mathematics. The appellant is not in possession of the said qualification but is a Bachelor in Engineering. The writ petition was filed by the petitioner-appellant to seek a direction on the respondents that Bachelor in Engineering should also be considered to the equivalent qualification for the post in question because Mathematics was one of the subjects in the qualification aforesaid.

The learned Single Judge did not accept the prayer in the light of the judgement of Full Bench of this court in the case of Deepak Singh and others Vs. State of U.P. & others Writ-A No.24273 of 2018 decided on 23.07.2019. The issue was examined by the Full Bench with a finding that one should be possession of the same qualification as given under the Rules. It is settled law of the land that the court while exercising its jurisdiction under Article 226 of the Constitution of India should not ponder upon the issue of equivalence of the qualification.

Taking aforesaid into consideration, we find no reason to cause interference in the impugned judgement passed by the learned Single Judge.

This Special Appeal is accordingly dismissed.

Order Date :- 18.1.2021

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