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2020 Supreme(SC) 587

SANJAY KISHAN KAUL, ANIRUDDHA BOSE, KRISHNA MURARI
Anand Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant :Manoj K. Mishra, Umesh Dubey, Ramesh Tripathi, Anuj Chaturvedi, Amit Pawan, Advocate.
For the Respondent:Bhakti Vardhan Singh, Sanjay Kumar Tyagi, Antriksh Singh, Rajeev Maheshwaranand Roy, P.Srinivasan, Ashwani Kumar Dubey, Ashwini Kumar Upadhyay, Jeetendra Kumar Tripathi, Manish Kumar, Manoj Ranjan Sinha, Rameshwar Prasad Goyal, K. Sarada Devi, Raj Kishor Choudhary, Manoj K. Mishra, Umesh Dubey, Ramesh Tripathi, Anuj Chaturvedi, Gyan Prakash Srivastava, Anil Kumar Jha, Asha Gopalan Nair, Advocates.

JUDGMENT :

Sanjay Kishan Kaul, J.

The competing interests of post-graduates having the degree of M.A. (Education) and M.Ed. has given rise to a spate of litigation, and the present dispute flows from this. There are judicial precedents dealing with this issue, but in a relevant factual context. Further, there has been, to some extent, a pendulum swing in the stand of the concerned authorities in analysing this controversy based upon inputs from experts.

The Factual Matrix:

2. The origination of the dispute is Advertisement No. 46, which was issued by respondent No. 2, the Uttar Pradesh Higher Education Service Selection Commission (for short 'UPHESSC') in March, 2014 inviting applications for the post of Assistant Professors in various subjects, including 'Education'. The candidature of appellant No. 2 was rejected on the ground that he did not fulfill the minimum criteria set out by the University Grants Commission (for short 'UGC'), respondent No. 4, although he had an M.Ed. Degree. This caused the said appellant to approach the High Court by filing Writ-A No. 61 of 2015.

3. The p


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