By the Court.—Heard Sri Seemant Singh, learned counsel for the petitioner and Sri A.K. Goel, Additional Chief Standing Counsel for the respondent.

2. The writ petition is being decided without calling for counter-affidavit on the consent of the parties.

The instant writ petition raises challenge to clause 18 of Rule 8 of Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Services (4th Amendment) Rules, 2016 (Rules 2016), being arbitrary, offending Article 14 of the Constitution of India, insofar the rule does not prescribe B.Tech (Information Technology) (B.Tech (IT) as equivalent qualification to B.Tech (Computer Science) (B.Tech (CS) for the appointment on the post of Assistant Teacher (Computer). Consequently, the advertisement is also challenged to that extent and a direction has been sought to the respondents that selection to the post of Assistant Teacher (Computer) be made prescribing B.Tech (IT) as a qualification.

3. The Governor in exercise of powers conferred by the proviso to Article 309 of the Constitution, made the Amendment Rules 2016 with a view to amending the Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Services Rules, 1983 (Rules 1983). Rule 8 provides that a candidate for direct recruitment to the various post in the service must possess the qualifications prescribed or specified by the Government from time to time. Clause 18 of Rule 8 provides the qualification for the post of Assistant Teacher (Computer) which reads thus:

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Assistant Teacher (Men/Women) Computer

(I) B.Tech/B.E.(in Computer Science) from a recognized University in India. Or B.Sc. in Computer Science Or B-Sc. In Computer Application Or Bachelor of Computer Application Or Bachelor’s degree with ‘A’ level course from NIELT. (II) B.Ed or equivalent degree from a recognized University in India

4. The U.P. Public Service Commission (Commission) issued an Advertisement (No. A-1/E-1/2018) on 15 March 2018 inviting applications for Assistant Teacher (Trained Graduates Grade) (Men/Women Branch) Examination-2018, inter alia, for 1673 posts of Assistant Teacher (Computer) for appointment in Government Inter Colleges. The teachers appointed will have to teach students of class 9 and 10. The petitioners are B.Tech. (I.T.), in other words, they are not eligible in terms of the qualifications prescribed by the impugned Clause 18 of Rule 8.

It is urged by the learned counsel for the petitioner that B.Tech (I.T.) is equivalent to B.Tech/B.E (CS); the Amendment Rules 2016 by not incorporating B.Tech (I.T.) qualification for the post of Assistant Teacher (Computer) is discriminatory. It is further contended that the students of B.Tech. (I.T.) and B.Tech/B.E. (CS) have papers in common as is reflected from the marksheets of 1st to 8th semester of both the courses. Further, it is urged that different recruitment agencies making selection for the post of Assistant Teacher (Computer) have included B.Tech. (I.T.) as a qualification. In other words, it is contended that B.Tech (IT) is equivalent to that of B.Tech. (CS).

5. Sri A.K. Goel, learned Additional Chief Standing Counsel, submits that the qualifications have been fixed having due regard to the syllabus to be taught to class 9 and 10 students. Further, B.Tech (I.T.) and B.Tech. (CS) are entirely different and distinct courses, therefore, cannot be treated as being equivalent merely for the reason that some papers are common in both the course. IT Professionals are required to install computer system using software and maintain networks and databases, whereas, Computer Scientists enjoy mathematics and software design. In general, the relationship between Information Technology and Computer Science though may appear to be quite close and interdependent but the difference between the