Allahabad High Court
Alka Sharma vs The State Of U.P. And Another on 2 August, 2023
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:153893
Court No. - 34
Case :- WRIT - A No. - 9811 of 2023
Petitioner :- Alka Sharma
Respondent :- The State Of U.P. And Another
Counsel for Petitioner :- Devesh Mishra,Rishabh Kesarwani
Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Ajit Kumar,J.
Heard Sri Rishabh Kesarwani, learned counsel for the petitioner, Sri Siddharth Singhal, learned counsel for the respondent No.-2 and learned Standing Counsel for the State respondents.
Petitioner has been non-suited in the selection for recruitment on the post of Village Development Officer held by the Commission pursuant to the advertisement No.- 3 of 2016 on the ground that petitioner did not possess Course on Computer Concepts (CCC) issued either by DOEACC or by an institute recognized by DOEACC. Petitioner has sought to question the stand of the Commission on the ground that advertisement only referred to CCC certificate and not agency or institution from where it should have been issued. He submits that CCC certificate that he is in possession, has been issued by National Institution of Computer Technology which is recognized by the Government of Uttar Pradesh and, therefore, respondents were not justified in rejecting the candidature of the petitioner.
Yet another argument has been advanced that purpose of a certificate of recognized institute is that a candidate must posses requisite knowledge and that must have been imparted to him by a recognized institute and therefore, submits that if recognized institution of the State Government is not taken into consideration for the purposes of minimum qualification of computer knowledge by the Commission, it would be defeating the very object with which the recruitment is being held.
Learned counsel for the petitioner has placed reliance upon a judgment of this Court in the case of Hriday Narayan v. State of U.P. Thru Secretary Personnel Lucknow and another (Writ - A No.- 5884 of 2020) decided on 17th April, 2023.
Per contra, it is argued by Sri Siddharth Singhal, learned counsel for the respondent No.- 2 that the controversy is no more res integra for the reason that State Government has already issued a Government order on 23rd September, 2016 which provided for qualification of computer course certificate should be recognized by the DOEACC and this is the reason why the Commission adopted the resolution on 3rd April, 2018 that only those CCC certificate would be taken into consideration that are either issued by DOEACC or by any agency or institute recognized by DOEACC. He submits that Division Bench of this Court in Special Appeal Defective No.- 346 of 2023 has considered these aspects of the matter and affirmed the judgment of learned Single Judge dismissing the writ petition filed on similar grounds, vide order dated 26th May, 2023. He submits that in the case of Khushaboo Kumari Gupta v. State of U.P. and others in Special Appeal No.- 1165 of 2018 had been distinguished on the ground that there was admission on the part of the State counsel as well as Commission's Counsel that certificate regarding computer course i.e. CCC certificate was recognized by State Government and still further, certificate produced by the Khushaboo Kumari Gupta was recognized by DOEACC.
Having heard learned counsel for the respective parties and their argument raised across the bar and having gone through the judgment of Division Bench in the case of Hriday Narayan (supra), I find force in the argument advanced by learned counsel for the respondent No.- 2 that the controversy has already stood settled by Division Bench and the petitioner having failed to come up with the case that certificate produced by him was recognized by DOEACC, I do not find any good ground to take different view from what has already been taken by Division Bench (supra) distinguishing the judgment of Khushaboo Kumari Gupta (supra).
Petition lacks merit and is, accordingly, dismissed.
Order Date :- 2.8.2023
Atmesh
