By the Court.—Heard Sri G.K. Singh, learned Counsel for the petitioners, learned Standing Counsel for respondent No. 1 and Sri M.A. Qadeer learned Counsel appearing for respondent No. 2.

2. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari quashing the order dated 10th April, 2003 (Annexures 8 and 15 to the writ petition) passed by respondent No. 2 rejecting the candidature of the petitioners No. 2 and 3, for appointment on the post of Principal/Senior Lecturer in Government Inter College/District Education and Training Centre. The petitioners have also sought a mandamus commanding respondent No. 2 to appoint them on the post of Principal, Government Boys/Girls Intermediate Colleges in accordance with law.

3. At the outset learned Counsel for the petitioners stated that so far as petitioners No. 1 and 2 are concerned, their candidature has been cancelled by respondent No. 2 rightly and, therefore, he is not pressing this writ petition for them. He has confined his arguments in this writ petition only with respect to petitioner No. 3.

4. The facts in brief, necessary to understand the point in dispute, are that U.P. Public Service Commission (here-in-after referred to as the ‘Commission’) vide its advertisement No. A-1/E-1/1996-97 dated 18.5.1996 notified recruitment for Combined State/Subordinate Services Examination, 1996 which included a number of services as well as post of Principal/Senior Lecturer in Government Intermediate Colleges/District Education and Training Centre. The petitioners applied pursuant to the aforesaid advertisement, qualified in preliminary examination as well as main written examination and finally called for interview. However having failed finally in selection when enquired, they came to know that they have secured more marks than the last candidate selected, but their candidature was rejected on the ground that they lack requisite experience, hence were ineligible.

5. The recruitment is governed by the U.P. Educational (General Education Cadre) Service Rules, 1992 (hereinafter referred to as “1992 Rules”) and Rule 8 thereof prescribes requisite qualifications. Which reads as under :

Academic qualification.—A candidate for direct recruitment to the various posts in the service must possess the following qualifications :

Post Qualifications

1. District Basic Education Officer

2. Assistant Inspector of Schools.

3. District Non-Formal Education Officer

4. Assistant Deputy Director of Education

5. Personal Assistant to Director of Education (Secondary and Basic).

6. Deputy Text-Books Officer.

7. Deputy Secretary and Additional Deputy Secretary Board of High School and Intermediate Education, Uttar Pradesh, at Headquarters and Regional Offices.

8. Assistant Deputy Director of Education (Correspondence Course) State Institute of Education, Uttar Pradesh, Allahabad.

9. Educational Expansion Officer.

10. Senior Research Professor, State Institute of Education, Allahabad.

11. Officer on Special Duty (Non-Formal Education)

Essential

A post graduate degree from a University established by law in India or a degree recognized by the Government as equivalent thereto.

Preferential

L.T. Diploma of the Department of Education, Uttar Pradesh or B.T. or B.Ed. or an equivalent degree of a University.

12. Associate Regional lnspectress of Girls Schools.

13. Principals, Government Intermediate Colleges (For Boys or Girls).

14. Vice-Principal Government Basic Training College, Varanasi.

15. Research Professor, Government Basic Training College, Varanasi.

16. Vice-Principal, Professor, Government Central Pedagogical Institute, Allahabad.

17. Principal, Junior Basic Training Colleges.

18. Vice-Principals and Professor, Government Training College for Women, Allahabad.

19. Principals, Government Regional Training Colleges for Women.

Essential :

(i) A Post graduate degree from a University established by law in India or a degree recognised by the Government as equivalent