Point of Law: Equivalent Degree – Entitlement for appointment - Candidate who can provide conclusive evidence that he/she has educational qualification or experience at least equal to what is required by the minimum qualification deserves careful consideration, even if their degrees have titles different from those recognized in the disciplines list or if they acquired their qualifications by a route other than a conventional one.

JUDGMENT :

1. Since common questions are involved in all the abovementioned writ petitions, they are being decided together.

2. Mainly, the following two prayers have been made in all the writ petitions :-

(i) To issue a writ, order or direction in the nature of mandamus directing Uttar Pradesh Service Recruitment and Promotion Board to do the document verification of the petitioners by treating them as qualified and eligible and the petitioners be also subjected to further process of recruitment as contemplated under Rule 17 of Uttar Pradesh Police Ministerial, Accounts, Confidential Assistant Cadres Service (First Amendment) Rules, 2016.

(ii) To issue a writ, order or direction in the nature of mandamus directing the respondents to consider candidature of the petitioners for appointment on the post of ASI, while treating the degrees possessed by the petitioner as equivalent to the 'O' level certificate issued by DOEACC/NIELIT.

3. Vide order dated 23.09.2019 passed in Writ Petition No.20385 (SS) of 2019, Writ Petition No.20251 (SS) of 2019 & Writ Petition No.24584 (SS) of 2019, the Co-ordinate Bench of this Court had directed that if any appointment is made during pendency of the writ petitions, the same shall be subject to final outcome of writ petitions and this fact shall be mentioned in every appointment letter, if issued, during pendency of the writ petitions.

4. For proper adjudication, facts of Writ Petition No.20385 (SS) of 2019 are being taken up.

5. Brief facts of the case are as follows :

(i) The respondent no.2/U.P. Police Recruitment and Promotion Board issued an Advertisement dated 26.12.2016 inviting applications from the male candidates for making recruitment on the 136 posts of Sub-Inspector (Confidential), 303 posts of Assistant Sub-Inspector (Ministerial) and 170 posts of Assistant Sub-Inspector (Accounts) i.e. total 609 posts. As per advertisement, date of online registration for filling up the aforesaid posts was from 12.01.2017 to 11.02.2017. Last date of depositing the application fee was 14.02.2017 and last date of final submission of application form was 18.02.2017. The petitioners submitted their online application for consideration of their candidature for appointment on the aforesaid posts as per the advertisement.

(ii) As per the advertisement, the following were essential educational qualification:

"(i) Assistant Sub-Inspector of Police (Ministerial):

(a) Bachelor Degree from a University established by law in India or equivalent qualification recognised by the Government.

(b) Hindi typing with speed of at least 25 words per minute and English Typing with speed of at least 30 words per minute (Uni-code based using in-script-key board or as prescribed by the Head of Department).

(c) Certificate of 'O' level in Computer from DOEACC/NIELIT Society.

(ii) Assistant Sub-Inspector of Police (Accounts):

(a) Bachelor Degree in Commerce or Post-Graduate Diploma in Accountancy from an University established by law in India or equivalent qualification recognised by the Government.

(b) Hindi Typing (Uni-code based using in-script-key board or as prescribed by the Head of Department) with speed of at least 15 words per minute.

(c) Certificate of 'O' level in Computer from DOEACC/NIELIT Society.

(iii) Sub-Inspector of Police (Confidential):

(a) Bachelor Degree from a University established by law in India or equivalent qualification recognised by the Government.

(b) Hindi Typing with speed of at least 25 words per minute and English Typing with speed of at least 30 words per minute (Uni-code based using in-script-key board or as prescribed by the Head of Department).

(c) Hindi shorthand dictation with a speed of minimum 80 words per minute.

(d) Certificate of 'O' level in Computer from DOEACC/NIELIT Society."

(iii) As per the advertisement, preferential qualifications for applying the aforesaid posts were: (a) Higher certification from DOEACC/NIELIT (b) Graduation in law from any institute or college or university recognised by Uni