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2016 Supreme(All) 1477

ALLAHABAD HIGH COURT
BEFORE : B. AMIT STHALEKAR, J.
ABHA TRIPATHI AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 30313, 36165 and 30314 of 2016, decided on 16th September, 2016)

Advocates:
Counsel :
Siddharth Khare, Ashok Khare, Harsh Bardhan Choubey, Vikrant Pandey, Mahendra Singh and Ashok Kumar Yadav for the Petitioners; C.S.C. and Kailash Singh Kushwaha for the Respondents.

Headnote:U.P. Gram Panchayat Raj Adhikari Rules, 1978—Rule 8—Appointment—Gram Panchayat Raj Adhikari—Qualification—Non-possession of Computer Concept Course (CCC) certificate awarded by DOEACC Society—Admittedly none of petitioners possessed 'CCC' certificate—Submission of petitioners that requirement of a 'CCC' certificate was not an essential qualification mentioned for post of Panchayat Raj Adhikari—Requirement of 'CCC' certificate from DOEACC Society was introduced by G.O. dated 23.11.2012—However, petitioners possess a higher qualification in computers would have to be treated as equivalent to 'CCC' Certificate issued by DOEACC Society—Since petitioner possesses a Certificate issued by a private Institution regarding 'CCC' Certificate which has not been issued by DOEACC Society, he cannot be said to be holding qualification as per advertisement No. 7(3)/2015 for post of Gram Panchayat Adhikari—'CCC' certificates other than that issued by DOEACC Society has been declined to be accepted as a valid qualification. [Paras 11 to 52]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—Since the controversy involved in all the above writ petitions is similar, therefore, the above writ petitions are being decided by this common order.

2. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare for the petitioners, Sri K.S. Kushwaha, learned counsel for the respondent No. 4 and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondent Nos. 1 to 3.

3. Initially writ petition No. 30313 of 2016 (Abha Tripathi and 24 others v. State of U.P. and others) was filed by the petitioners for a direction to the respondents to hold interview of the post of Gram Panchayat Adhikari in pursuance of the Gram Panchayat Adhikari Examination-2015 and further to treat them as fully qualified and eligible for the said post without raising any objection with regard to the non-possession of the Computer Concept Course (CCC) certificate awarded by the DOEACC Society. Subsequently, by way of an amendment application which was allowed, the petitioners also challenged para 8 of the Advertisement No. 7(3)/2015.

4. The petitioners of W.P. No. 30313 of 2016 who are 25 in number applied against the advertisement No. 7(3)/2015 for the post of Gram Panchayat Adhikari under the Panchayat Raj Department of the State. They were issued admit cards and they also appeared in the written examination. The result of the written examination was published on 28.4.2016 and all the petitioners were shown to have qualified the written examination. Thereafter, the interviews were commenced from 30.5.2016 and are to continue till October, 2016. The petitioners have also been issued letters by the Uttar Pradesh Subordinate Services Selection Commission, Lucknow-respondent No. 4 (hereinafter referred to as ‘Commission’) to participate in the interview on the date prescribed therein. The petitioners appeared in the interview on various dates but they were not permitted to participate in the interview on an objection raised by the Commission that the petitioners did not possess the CCC certificate awarded by the DOEACC Society.

5. The admitted case of the petitioners is that none of them possess the CCC certificate in computer from the DOEACC Society. The qualification of the petitioners as given in para 13 of the writ petition is as under:

S. No.

Petitioner

Educational Qualification

1

 

Abha Tripathi B.Sc. in Information Technology.

2

Amod Chauhan

Bachelor of Computer Application and Master’s Degree in Computer Application.

3

Ashish Kumar Srivatava

Bachelor of Technology in Information Technology.

4

Ajay Yadav

High School and Intermediate Examination Certificate with Computer as one of the subjects.

5

Ajeet Pratap Singh

Bachelor of Technology in Computer Science and Engineering.

6

Akhilesh Pal Singh

High School with Computer as one of the subjects and Bachelor of Technology in Mechanical Engineering.

7

Ashok Kumar Singh

Bachelor of Computer Application.

8

Radha Raman Khare

Diploma in Computer Application and Bachelor Degree in Computer Application.

9

Sanjeev Kumar Singh

Bachelor of Science with Mathematics and Computer Science.

10

Pankaj Katiyar

Post-graduate Diploma in Computer Application.

11

Yogesh Tripathi

Bachelor of Technology Degree in Electrical Engineering.

12

Vimal Kumar Sharma

Master of Computer Application.

13

Mohd. Akil Jamal

Bachelor of Arts with Computer as a subject.

14

Vaibhav Rai

Master’s Degree in Computer Application.

15

Sandeep Kumar

Nayak Bachelor of Technology Degree in M





































































































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