IMPORTANT POINTS
Use of stroke between different qualifications indicates that all were alternate qualification.
Any part of advertisement, if contrary to statutory rules, has to give way to statutory prescription.
After selection, a candidate cannot be denied appointment due to wrong interpretation of advertisement and the rules.

JUDGMENT

Ashok Bhushan, J.

These two appeals have been filed against the judgment of High Court of judicature at Allahabad (Lucknow Bench), Lucknow, dated 04.10.2010 dismissing the Special Appeal No.446 of 2006 of the appellant as well as judgment dated 20.12.2012 dismissing the review application filed by the appellant. Parties shall be referred to as referred in the appeal.

2. Brief facts of the case giving rise to these appeals are:

The appellant belongs to other backward caste who has passed graduation (B.A.) with Psychology and has also done post-graduation in Psychology from Kanpur University. Appellant has also obtained master degree in Human Resource Management and Industrial Relations from Lucknow University in the year 1997. An advertisement dated 30.08.2001 was issued by the Director, Social Welfare Department, U.P., advertising various posts under Director, Social Welfare Department and other department of State. Advertisement also contained recruitment for post of Psychologist (03 posts). The appellant submitted the application for the post of'Psychologist'. The appellant was issued admit card for appearing in the written examination. The appellant appeared in the written examination and was declared successful and included in the merit list. A letter dated 02.05.2003 was issued to the appellant asking the appellant to appear along with original certificates for verification of documents. The appellant appeared along with all the documents on 12.05.2003. When appellant appeared on 12th May, he was informed that he is not eligible and his appointment for the post of'Psychologist' cannot be made. The appellant submitted a representation on 02.06.2003 to the respondent. The appellant having not been given appointment; hence, he filed a writ petition praying for the following relief:

"PRAYER

(I) issue a writ order or direction including a writ in the nature of mandamus commanding the opposite parties to appoint the petitioner on the post of Psychologist for which the petitioner is fully eligible and qualified as per advertisement published for direct recruitment in SAMOOH 'GA'.

(II) Issue a writ order or direction including a writ in the nature of mandamus commanding the opposite not to appoint any other candidature on the post of Psychologist for which the petitioner is fully eligible.

(III)Issue a writ order or direction including a writ in the nature of mandamus commanding the opposite parties not to harass and victimize the petitioner in any manner whatsoever.

(IV) Issue such other order/orders as may deem just and proper by this Hon'ble Court in the Circumstances of the case.

(V) Award the cost of petition in favour of the petitioner."

3. In the writ petition, learned single Judge directed for filing a counter affidavit and also bringing on record the copy of the Order passed on the representation of the appellant dated 02.06.2003. The appellant also filed a Contempt Application No.182 of 2004 in which Director, Social Welfare was directed to appear in person. An Order dated 19.04.2004 was passed by the respondent rejecting the representation of the appellant. The appellant prayed for amendment of the writ petition, praying for quashing the order dated 19.04.2004 which prayer was allowed to be added. Learned single Judge by its judgment dated 18.05.2006 dismissed the writ petition. Learned single Judge accepted the case taken up by the respondent in the counter affidavit that appellant is not qualified for the post since he does not have training qualification i.e. L.T./B.T.B.Ed. The appellant filed special appeal which too was dismissed. Review application filed thereafter was also rejected.

4. We heard Shri Mukesh K. Giri, learned counsel for the appellant and Shri Ajay Kumar Mishra, Additional Advocate General, appearing for the State of U.P.

5. Learned counsel for the appellant submits that the appellant being graduat