2002 Supreme(All) 569

IN THE HIGH COURT OF ALLAHABAD
M. Katju and Rakesh Tiwari, JJ.
AYODHYA PRASAD - Appellant
Versus
PUBLIC SERVICE COMMISSION - Respondents
C. M. W. P. 30049 Of 2000
Decided On : 04/18/2002

Teaching experience of part-time teachers cannot make them eligible for appointment as established in Tulsi Ram v. State of U. P.

Headnote:

Mandamus - Appointment Eligibility - The court dismissed a writ petition seeking a mandamus to direct the U. P. Public Service Commission to call the petitioner for an interview for the post of Lecturer, as the petitioner was found to be ineligible due to being a part-time lecturer, based on the precedent set in Tulsi Ram v. State of U. P. and distinguished from the case of Dr. Asim Kumar Bose v. Union of India.

Fact of the Case:

The petitioner filed a writ petition seeking a mandamus to direct the U. P. Public Service Commission to call him for an interview for the post of Lecturer. The Commission advertised the post, and the petitioner applied and appeared for the main examination but was not called for an interview. The Commission filed a counter-affidavit stating that the petitioner was ineligible as he was only a part-time lecturer.

Finding of the Court:

The court dismissed the writ petition based on the finding that the petitioner was ineligible for the appointment as a lecturer due to being a part-time lecturer, citing the precedent set in Tulsi Ram v. State of U. P. The court also distinguished the case from Dr. Asim Kumar Bose v. Union of India.

Issues: The issue was whether the petitioner was eligible for the appointment as a lecturer and whether a mandamus should be issued to the U. P. Public Service Commission to call the petitioner for an interview.

Ratio Decidendi: The court relied on the precedent set in Tulsi Ram v. State of U. P., which held that teaching experience of part-time teachers cannot make them eligible for appointment. The court also distinguished the case from Dr. Asim Kumar Bose v. Union of India, as it was not a case of a lecturer of an Intermediate College.

Final Decision: The writ petition was dismissed by the court, following the decision in Tulsi Ram's case, as the petitioner was found to be ineligible for the appointment as a lecturer due to being a part-time lecturer.