The Allahabad High
Court has dismissed the petition filed against the selection and appointment
for the post of Lecturers recruitment of the Uttar Pradesh Public Service
Commission, Prayagraj.
A Single Bench of
Justice Vikas Budhwar passed this order while hearing a petition filed by
Virendra Kumar Shukla.
The case of the
petitioner is that he after pursuing B.Sc Graduate from Deen Dayal Upadhyay
Gorakhpur University, Gorakhpur in the year 2007 obtained the qualification of
M.Sc (Post-Graduate) in Pharmaceutical Chemistry from Hemwati Nandan Bahuguna
Garhwal University in the year 2009.
The Court noted that
an advertisement was published by the U.P Public Service Commission, Prayagraj
on 18.06.2021 inviting application from eligible candidates for selection and
appointment for the post of Lecturers in Government Ashram Paddhati Inter
College, in various subjects including Physics-30, Chemistry- 26, Biology – 33
and Maths 35.
In the petition, the
petitioner has asserted that he had filed his application form for being
considered for the post of Lecturer in Chemistry. The petitioner appeared as a
General Candidate and he appeared in the pre-examination as per the
pre-schedule.
According to the
petitioner, though, he was eligible and qualified in all respects, but his
result of the main examination was not declared, hence the writ petitioner
corresponded with the respondent.
Since the result of
the petitioner was not declared so the petitioner had no option but to prefer
Writ, which came to be disposed off with a direction to the Commission to issue
a fresh communication to each of of the 12 candidates, whose candidature has
been rejected for appointment on the post of Lecturer (Mathematics, Physics and
Chemistry), including the petitioner citing exact ineligibility in that regard.
Now, the order has
been passed on 21.10.2022, whereby the petitioner’s candidature has been
rejected on the pretext that he is ineligible and not qualified for the post in
question.
Questioning the
order dated 21.10.2022 passed by the fourth respondent, Section Officer/
Information Officer, U.P Public Service Commission, Prayagraj, the petitioner
has filed the petition.
Counsels for the
petitioner have also relied upon the syllabus which is in vogue with regard to
stream of Chemistry, wherein according to the petitioner, the Pharmaceutical
Chemistry becomes the part and parcel of the main subject being Chemistry.
Additionally, it is being sought to be argued that the respondent cannot go
beyond the advertisement, as once a particular qualification has been
prescribed in the advertisement, then it cannot be given a gobye and the Rules
of the game cannot be changed, once the game has itself commenced.
B.K Singh
Raghuvanshi, who appears for the Commission on the other hand submitted that
the stand taken by the respondents which has been recorded in the impugned
order cannot be faulted in any manner, whatsoever, particularly for the reason
being that a conscious decision has been arrived at that too after deliberation
at the end of the experts, who had been nominated by the Commission itself
wherein it has been decided that the Pharmaceutical Chemistry is different from
the subject Chemistry in that regard.
In nutshell, the
submission of the counsels for the petitioner is that once a decision has been
taken by the experts and the academicians, then it cannot be put to judicial
scrutiny, i.e the writ proceedings, particularly when the said qualification
has already been deliberated and has been accepted in the normal course of
business of the Commission with regard to the post of Lecturer in DIET. He
further relies upon the provisions contained under the Uttar Pradesh Public
Service Commission (Regulation and Procedure), Act 1985, which empowers the
Commission to issue appropriate directions or regulations or inter-departmental
letters providing for the modalities with regard to the determination of the
fact as to whether a qualification would come within the realm of the
particular discipline or not.