Allahabad High Court
Priyanka Sahu vs State Of U.P. And 3 Others on 18 March, 2021
Bench: Manoj Misra, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 196 of 2021
Appellant :- Priyanka Sahu
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Rajneesh Sharma,Ashish Jaiswal
Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the appellant; learned Standing Counsel for respondent no. 1; and Sri Siddharth Singhal, learned counsel for respondent nos. 2 and 3.
This intra-court appeal arises from a judgment and order dated 12.01.2021 passed by a learned Single Judge in Writ-A No. 13341 of 2020, whereby the writ petition of the appellant against an order of the U.P. Subordinate Services Selection Commission (for short "the Commission") withdrawing recommendation for appointment of the writ petitioner (appellant herein) on the post of Combined Assistant Accountant, has been dismissed.
An advertisement was issued in the year 2016 by the Commission for appointment on 2172 posts including 1917 posts of Combined Assistant Accountant and 255 posts of Auditor. The last date for submission of application was 04.08.2016. The advertisement contained, inter alia, an instruction that the candidate must possess the requisite qualification on the last date fixed for submission and appointments made would be provisional and if a candidate is not found eligible, the candidature would be deemed cancelled.
The appellant participated in the selection process and in the final result declared on 16.10.2019 her name was there in the select list. However, on 29.05.2020 a letter was sent to the petitioner whereby she was informed that recommendation for her appointment has been withdrawn. Thereafter, the petitioner sent 'O' level certificate issued by NIELIT on 06.12.2017, which is, after the last date fixed for submission of application. Thereafter, by letter dated 30.09.2020 complete information was given by the Commission in respect of cancellation of her candidature on ground of not holding requisite qualification on the last date of submission of application.
Before the learned Single Judge, it was urged that degree of M.B.A. (I.T.) from I.I.I.T., Allahabad is a much higher qualification possessed by the appellant on the last date of submission of form and, therefore, must be treated as equivalent to "O" Level Diploma in computer application, more so, when the State Government on 09.06.2020 had granted it equivalence to "O" Level Diploma for appointment on the post of Assistant in U.P. Police and an amendment to that effect was made in Uttar Pradesh Police Lipik, Lekha evam Gopaniya Sahayak Samvarg Seva (Tritiya Sanshodhan) Niyamawali, 2020.
The learned Single Judge relying upon a Full Bench judgment of this Court in the case of Deepak Singh and 9 other vs. State of U.P. and 8 others, (2019) 3 UPLBEC 1685 did not accept the claim of the writ petitioner on the ground that the Full Bench had categorically held that an 'O' Level Diploma granted by NIELIT is not equivalent to Post Graduate Diploma in Computer Application (PGDCA) and there is no presumption available that a holder of PGDCA possess the necessary qualification as prescribed for 'O' Level Diploma accorded by NIELIT. The learned Single Judge further observed that the amendment made in service regulation was for a different department and cannot be pressed into service for examining the claim of writ petitioner.
Admittedly, by the last date fixed for submission of form, the appellant did not hold the requisite 'O' Level Diploma in Computer Application and there is no clarification/ notification issued by the State Government granting equivalence to any of the qualifications which the appellant possessed with "O" Level Diploma in Computer Application, which was the essential prescribed qualification.
The Full Bench in the case of Deepak Singh (supra) had categorically held that the power lies with the State Government to prescribe eligibility qualifications that are best suited for efficient discharge of duties attached to a post and Courts are precluded from laying down the conditions of eligibility.
As we find that the appellant could not bring on record or place before the Court any material to substantiate that the degree possessed by her was accorded equivalence with "O" Level Diploma in Computer Application by the employer, and on the last date of submission of application she did not have the requisite eligibility qualification, in view of the decision of the Full Bench in case of Deepak Singh (supra), no case for interference with the order of the learned Single Judge is made out. The appeal is accordingly dismissed.
Order Date :- 18.3.2021
V.S.Singh
