Prof. Maamle Mein Court ne Kaha ki Ek Subject Science
Ya Math Ka Hona Chahiye Niyukti Dene Se Pehle, Basic Shiksha
Vibhag/Competent Authority of Appointment Yeh Tay Karega ke Ek Subject
Science Ya Math ka Hai Ki Nahin, Uske Baad Hee Prof. Ko Niyukti Degaa -
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 34
Case :- WRIT - A No. - 39466 of 2014
Petitioner :- Satyendra Kumar Singh And 4 Others
Respondent :- State Of U.P. Thru Secy. And 3 Others
Counsel for Petitioner :- Shailendra,Vibhu Sinha
Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Ashok Kumar Yadav,D.P.Rajbhar,R.P. Shukla,Rashmi Tripathi,S K Mishra
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsel for the petitioners and perused the record.
2. The petitioners have sought following reliefs:-
"a. To, issue a writ order or direction in the nature of mandamus commanding the respondent authorities not to allow counseling to such professional degree holders, who are not eligible as per advertisement/notification dated 23.8.2013 as clarified by the Secretary Basic Education Board in its affidavit filed before the Lucknow Bench of this Hon. Court in Writ Petition No. 5348 of 2013.
b. To, issue a writ order or direction in the nature of mandamus directing the respondent authorities to exclude those candidates who are illegally allowed to appear in different districts in the counseling held on 7th , 8th, 23rd and 24th July, 2014 and the authorities may be directed not to consider their candidatures while finalizing the selection on the post of Assistant Teacher in Senior Basic School (Mathematics and Science subjects) and pass an appropriate orders within the stipulated period as fixed by this Hon'ble Court.
c. To, issue a writ order or direction in the nature of mandamus directing the respondent authorities to hold counseling in accordance with the Government Order dated 23.8.2014 and allow only those candidates who are eligible as per the aforesaid Government Order."
3. It is contended that the issue raised in this petition is squarely covered by Paragraph nos. 72 and 73 of the judgment of this Court passed in Writ Petition No. 57476 of 2013 Shiv Kumar Pathak and others versus State of U.P. and others, decided on 18.8.2015 which read as under:
"72. The sole writ petition in Group-D is Writ Petition No. 15541 of 2015. It has been filed by 5 petitioners, namely, Rohit Kumar, Arvind Kumar, Mukesh Kumar Yadav, Buddhi Lal and Shailendra Kumar, seeking a mandamus directing respondents not to allow counseling to such professional degree holders, who are not eligible as per advertisement/notification dated 23.8.2013, as clarified by Secretary, Basic Education Board in its affidavit filed before Lucknow Bench of this Court in Writ Petition No. 5348 of 2013 and to exclude such candidates from the zone of consideration. It is suggested that the candidates possessing degree of B.Sc. (Agriculture), B.Tech., B.C.A., B.B.A., BUMS, MHMUS and B.Pharma are not eligible to apply for the post of Assistant Teacher in Sr. P.S. since these are professional degrees and cannot be treated to be Science graduation degree so as to make them eligible to participate in the aforesaid selection. Names of some of candidates are given in Para 24 of the writ petition, though none of them has been made party in the writ petition.
73. I find basic submission absolutely fallacious and misconceived. Though degrees of B.Sc. (Agriculture), B.Tech., B.C.A., B.B.A., BUMS, MHMUS and B.Pharma etc. provide education in certain fields making the incumbents professional in a particular aspect, and, therefore, they are called "professional course", but it cannot be doubted at all that these all are bachelor degrees and, therefore, those, who possess these qualifications, are graduates in those disciplines. It, thus, cannot be said that when requirement is graduation, professional courses can be excluded. It is nothing but reading something which is not provided in the Rules, which, in my view, is neither permissible nor there is any compulsion to do so. In view thereof, this writ petition, in my view, lacks merits and deserves to be dismissed."
4. It is contended that the issue raised in this writ petition is covered by the aforesaid judgment, therefore, the writ petition should be dismissed.
5. Shri Shailendra, learned counsel appearing for petitioners contended that the issue raised is not the same as has been decided by this Court in Shiv Kumar Pathak and others (Supra). Therein the issue was, as to whether the candidates possessing degree in professional courses can be said to possess graduate degree or not and that was decided. However, in some of the professional courses the candidates did not have as a subject Science and Mathematics which was an essential qualification required to be possessed by a candidate in order to become eligible for appointment to the post of Assistant Teacher in Senior Basic Schools (Mathematics and Science subjects).
6. I find substance in what is submitted by Shri Shailendra. The issue raised in this petition was not raised in earlier petition and, therefore, it cannot be said that this writ petition is covered by the judgment dated 18.08.2015 passed in Shiv Kumar Pathak and others (Supra).
7. However, the short submission is that as per the advertisement in order to become eligible, the candidates must possess graduation degree with one of the subject (Mathematics and Science) in the said course.
8. It is contended that in some of the professional courses the subjects Mathematics and Science did not form part of syllabus and therefore, such candidates possessing such professional courses are not eligible.
9. In my view, this is a factual dispute and cannot be examined by this Court, at this stage, since it requires investigation of an individual case of the candidates called for counseling. Let this examination be made by the concerned authorities at the time of counseling or in any case before making appointment. I leave it open to petitioners to raise this plea before the respondents. Further, I direct the Competent Authority to examine the eligibility of each and every candidate possessing professional course degree as to whether, he is eligible in terms of advertisement or not, i.e., whether Science and Mathematics was one of the subject in graduation course, and, thereafter only it will allow counseling. In any case the same exercise would be done by the Competent Authority before appointment, if not already done, at the time of counseling and no person ineligible shall be appointed.
10. With the aforesaid direction, this writ petition is disposed of.
Order Date :- 11.09.2015
Ishan
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 34
Case :- WRIT - A No. - 39466 of 2014
Petitioner :- Satyendra Kumar Singh And 4 Others
Respondent :- State Of U.P. Thru Secy. And 3 Others
Counsel for Petitioner :- Shailendra,Vibhu Sinha
Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Ashok Kumar Yadav,D.P.Rajbhar,R.P. Shukla,Rashmi Tripathi,S K Mishra
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsel for the petitioners and perused the record.
2. The petitioners have sought following reliefs:-
"a. To, issue a writ order or direction in the nature of mandamus commanding the respondent authorities not to allow counseling to such professional degree holders, who are not eligible as per advertisement/notification dated 23.8.2013 as clarified by the Secretary Basic Education Board in its affidavit filed before the Lucknow Bench of this Hon. Court in Writ Petition No. 5348 of 2013.
b. To, issue a writ order or direction in the nature of mandamus directing the respondent authorities to exclude those candidates who are illegally allowed to appear in different districts in the counseling held on 7th , 8th, 23rd and 24th July, 2014 and the authorities may be directed not to consider their candidatures while finalizing the selection on the post of Assistant Teacher in Senior Basic School (Mathematics and Science subjects) and pass an appropriate orders within the stipulated period as fixed by this Hon'ble Court.
c. To, issue a writ order or direction in the nature of mandamus directing the respondent authorities to hold counseling in accordance with the Government Order dated 23.8.2014 and allow only those candidates who are eligible as per the aforesaid Government Order."
3. It is contended that the issue raised in this petition is squarely covered by Paragraph nos. 72 and 73 of the judgment of this Court passed in Writ Petition No. 57476 of 2013 Shiv Kumar Pathak and others versus State of U.P. and others, decided on 18.8.2015 which read as under:
"72. The sole writ petition in Group-D is Writ Petition No. 15541 of 2015. It has been filed by 5 petitioners, namely, Rohit Kumar, Arvind Kumar, Mukesh Kumar Yadav, Buddhi Lal and Shailendra Kumar, seeking a mandamus directing respondents not to allow counseling to such professional degree holders, who are not eligible as per advertisement/notification dated 23.8.2013, as clarified by Secretary, Basic Education Board in its affidavit filed before Lucknow Bench of this Court in Writ Petition No. 5348 of 2013 and to exclude such candidates from the zone of consideration. It is suggested that the candidates possessing degree of B.Sc. (Agriculture), B.Tech., B.C.A., B.B.A., BUMS, MHMUS and B.Pharma are not eligible to apply for the post of Assistant Teacher in Sr. P.S. since these are professional degrees and cannot be treated to be Science graduation degree so as to make them eligible to participate in the aforesaid selection. Names of some of candidates are given in Para 24 of the writ petition, though none of them has been made party in the writ petition.
73. I find basic submission absolutely fallacious and misconceived. Though degrees of B.Sc. (Agriculture), B.Tech., B.C.A., B.B.A., BUMS, MHMUS and B.Pharma etc. provide education in certain fields making the incumbents professional in a particular aspect, and, therefore, they are called "professional course", but it cannot be doubted at all that these all are bachelor degrees and, therefore, those, who possess these qualifications, are graduates in those disciplines. It, thus, cannot be said that when requirement is graduation, professional courses can be excluded. It is nothing but reading something which is not provided in the Rules, which, in my view, is neither permissible nor there is any compulsion to do so. In view thereof, this writ petition, in my view, lacks merits and deserves to be dismissed."
4. It is contended that the issue raised in this writ petition is covered by the aforesaid judgment, therefore, the writ petition should be dismissed.
5. Shri Shailendra, learned counsel appearing for petitioners contended that the issue raised is not the same as has been decided by this Court in Shiv Kumar Pathak and others (Supra). Therein the issue was, as to whether the candidates possessing degree in professional courses can be said to possess graduate degree or not and that was decided. However, in some of the professional courses the candidates did not have as a subject Science and Mathematics which was an essential qualification required to be possessed by a candidate in order to become eligible for appointment to the post of Assistant Teacher in Senior Basic Schools (Mathematics and Science subjects).
6. I find substance in what is submitted by Shri Shailendra. The issue raised in this petition was not raised in earlier petition and, therefore, it cannot be said that this writ petition is covered by the judgment dated 18.08.2015 passed in Shiv Kumar Pathak and others (Supra).
7. However, the short submission is that as per the advertisement in order to become eligible, the candidates must possess graduation degree with one of the subject (Mathematics and Science) in the said course.
8. It is contended that in some of the professional courses the subjects Mathematics and Science did not form part of syllabus and therefore, such candidates possessing such professional courses are not eligible.
9. In my view, this is a factual dispute and cannot be examined by this Court, at this stage, since it requires investigation of an individual case of the candidates called for counseling. Let this examination be made by the concerned authorities at the time of counseling or in any case before making appointment. I leave it open to petitioners to raise this plea before the respondents. Further, I direct the Competent Authority to examine the eligibility of each and every candidate possessing professional course degree as to whether, he is eligible in terms of advertisement or not, i.e., whether Science and Mathematics was one of the subject in graduation course, and, thereafter only it will allow counseling. In any case the same exercise would be done by the Competent Authority before appointment, if not already done, at the time of counseling and no person ineligible shall be appointed.
10. With the aforesaid direction, this writ petition is disposed of.
Order Date :- 11.09.2015
Ishan
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC
