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2002 Supreme(All) 569

RAKESH TIWARI, M.KATJU
AYODHYA PRASAD – Appellant
Versus
PUBLIC SERVICE COMMISSION – Respondent


Advocates Appeared:
Nigamendra Shukla

M. KATJU, RAKESH TIWARI, JJ.

( 1 ) THIS writ petition has been filed for a mandamus directing the U. P. Public Service commission to call the petitioner for interview for the Post of Lecturer. The Commission advertised the post by means of Advertisement dated 21. 12. 1998. The petilioner applied for the post and appeared in the main examination in the year 1999 but was not called for interview.

( 2 ) AGGRIEVED petitioner has filed this petition.

( 3 ) A counter-affidavit has been filed by the Commission. In paragraph 4 of the same, it is stated that petitioner was ineligible as he was only part-Lime Lecturer. The teaching experience certificates of the petitioner was checked and it was found that he was only teaching as part-time lecturer.

( 4 ) IN Tulsi Ram v. State of U. P. , 1998 (3) AWC 2. 165 (NOC) : 1998 (3) ESC 1617, it has been held in paragraph 36 that teaching experience of part-time teachers cannot make them eligible for appointment.

( 5 ) LEARNED counsel for the petitioner has relied on the Supreme Court decision in Dr. Asim kumar Bose v. Union of India. 1983 (1) SCC 345.

( 6 ) THIS was not a case of Lecturer of an Intermediate College and hence it is distinguishable.

(



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