Point of Law: Service Law - Post of Junior Assistant and the Stenographer – Eligibility for selection - Petitioners does not have possessed 'CCC' Certificate but they have possessed equivalent qualifications issued by other recognized institutions which make them suitable to fulfill requirements of employer for posts.

JUDGMENT :

1. Petitioners of both the writ petitions have approached this Court challenging the order dated 15.01.2020 by which the Commissioner, Sugarcane and Sugar, Lucknow (opposite party no.3) has clarified that the candidates who possess equivalent qualification to 'CCC' Certificate issued by DOEACC Society are not entitled to participate in the interview held for the post of Cane Supervisor in pursuance to the advertisement No.20-Examination/2016.

2. Vide order dated 12.02.2020 passed in Writ Petition No.3597 (SS) of 2020, the Co-ordinate Bench of this Court had directed that if the final result is declared during pendency of the writ petition, the same shall be subject to final outcome of this writ petition.

3. Submission of learned Counsel for the petitioners is that an advertisement was issued on 05.10.2016 by U.P. Subordinate Service Selection Commission inviting online applications for various posts including the post of Cane Supervisor. The essential qualification for the post of Cane Supervisor is graduation in Agricultural Science or any equivalent qualification along with 'CCC' Certificate issued by DOEACC Society.

4. Learned Counsel for the petitioner has further submitted that earlier the State Government vide order dated 3/6.05.2016 and order dated 23.09.2016 had issued clarification with regard to the recognition of equivalent qualifications with 'CCC' Certificate for appointment on the post of Junior Assistant and the Stenographer and thereafter vide order dated 05.07.2018, it was clarified that the persons who possess Diploma in Computer, Degree in Computer, PGDCA, BCA, MCA and Graduation with B.A., B.Sc, B.Tech., M.Sc., M.B.A., wherein Computer is one of the subjects or where computer is a course in one semester of the courses shall be deemed to be equivalent qualification to ‘CCC’ Certificate and shall be eligible for selection on the post of Junior Assistant, Stenographer and all other posts of public service of State Government.

5. Learned Counsel for the petitioners has further submitted that the petitioner no.1, 6, 8 and 9 have possessed the qualification of B.Sc. Agricultural Science with Computer subject in VIIIth Semester, petitioners no.2 has possessed the qualification of B.Tech. Agricultural Science with Computer subject in Ist and Vth Semesters, petitioners no.3 and 4 have possessed the qualification of B.Sc. Agricultural Science with Computer subject in VIIIth and VIIth semesters. The petitioner no.5 has possessed the qualification of B.Tech. Agricultural Science with Computer Subject in IInd and Vth Semesters and petitioner no.7 and 10 have also possessed the qualifications of B.Sc. Horticulture with Computer Subject in VIIIth Semester whereas the petitioner of connected Writ Petition No.11886 (SS) of 2020 is B.Sc. Agricultural Science and having post graduate one year diploma in computer applications.

6. It has again been submitted by learned Counsel for the petitioners that all the petitioners being eligible candidates have submitted online applications for the post of Cane Supervisor and after qualifying in written examination, they were called for interview in the office of U.P. Subordinate Service Selection Commission, Gomti Nagar, Lucknow but they were refused to participate in the interview on the ground that they do not have requisite qualification. Being aggrieved, the petitioners filed a Writ Petition No.1970 (SS) of 2020, which was disposed of vide order dated 22.01.2020 with direction to submit representation before the competent authorities and the same shall be decided in accordance with law. Thereafter, a review application against the order dated 22.01.2020 was filed by the petitioner, which was rejected by this Court vide order dated 29.01.2020.

7. Learned Counsel for the petitioners has contended that the opposite party no.3 being subordinate legislature is not competent to cl