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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MUNISHWAR NATH BHANDARI, PIYUSH AGRAWAL, JJ.
Secretary Uttar Pradesh Subordinate Service and others - Appellants
Versus
Indra Prakash Patel - Respondent
Special Appeal Defective No. 440 of 2021
Decided On : 07-07-2021
Limitation Act, 1963 - Section 5 - Uttar Pradesh Ganna Paryaveshak (Group III) Service Rules, 2015 - Rule 9 - It is a case where non-appellant applied for post of Cane Supervisor pursuant to advertisement - He was called for Interview - Petitioner/non-appellant was not interviewed for the reasons that he was not in possession of CCC Certificate of DOEACC society - Writ petition was filed as a consequence thereof - Held, He was not otherwise in possession of diploma or degree in computer science - He was having computer subject in two semesters of B. Tech (Agriculture) course - It does not suffice condition given even in administrative order and otherwise it could not have been read in conflict with statutory provisions - Accordingly, Court find substance in appeal and accordingly judgement of learned Single Judge, is set aside - Court find merit in appeal, delay in filing same should not be come in way of appellant in light of judgements of Apex Court and otherwise court find reasons to condone delay in filing appeal - Application is not otherwise opposed seriously - Thus delay in filing appeal is condoned - Appeal allowed.
JUDGMENT :
Heard Ms. Subhash Rathi for the appellants and Sri Manvendra Nath Singh for the respondents.
2. Before considering the application under Section 5 of the Limitation Act, we are considering the merit of the case.
3. It is a case where non-appellant applied for the post of Cane Supervisor pursuant to the advertisement dated 6.10.2016. He was called for Interview on 8.1.2020. The petitioner/non-appellant was not interviewed for the reasons that he was not in possession of CCC Certificate of DOEACC society. The writ petition was filed as a consequence thereof.
4. It was contended that the petitioner is in possession of degree in B.Tech. (Agriculture) in which Computer was one of the subject. Thus he was eligible for the appointment on the post of Cane Supervisor in view of the Government Order dated 3/6.5.2016 and 23.9.2016 as clarified subsequently by the order dated 5.7.2018. The learned Single Judge allowed the writ petition in reference to the Government Order which has relaxed the qualification otherwise provided under the statutory provisions.
5. Learned counsel for the appellant/State Government submits that the administrative order issued by the Government could not have been read in conflict with the statutory Rules and for that a reference of Rule 9 of the Uttar Pradesh Ganna Paryaveshak (Group III) Service Rules, 2015 (Second Amendment), has been given. The said Rule is quoted hereunder :
Substitution of Rule 9.
|
| COLUMN -1 Existing rule |
| COLUMN -2 Rule as hereby substituted |
| Academic qualification | 9. A candidate for direct recruitment to a post in the service (i) must have passed the Intermediate (Agriculture) Examination from the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto, Or (ii) (a) must have passed the High School Examination from the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto; (b) must possess two years diploma in Agriculture from a recognised institution. | Academic qualification | 9. A candidate for direct recruitment to a post in the service must possess the following qualification: (i) Bachelor’s degree in Agriculture Science from a University established by law in India or a qualification recognized by the Government as equivalent thereto. (ii) CCC Certificate in Computer operation awarded by the DOEACC Society. |
6. As per the substituted qualification, one was required to be in possession of Bachelor's degree in Agriculture Science apart from CCC Certificate in computer operation of DOEACC Society. The petitioner/non-appellant was not in possession of CCC Certificate. The petitioner/non-appellant was not in possession of the qualification even provided by the administrative order dated 3/6.5.2016 and 23.9.2016, as clarified in the Government Order dated 5.7.2018. The prayer is accordingly to set aside the judgement of learned Single Judge.
7. Learned counsel for the non-appellant submits that petitioner was in possession of the Bachelor's degree in Agricultural Science, where the Computer was one of the subject. Thus as per Government Order, he was eligible for the post of Cane Supervisor. The prayer is accordingly to upheld the judgement of learned Single Judge.
8. We have considered the rival submissions of the parties and perused the records.
9. It is not in dispute that the post in question is governed by the Uttar Pradesh Ganna Paryaveshak (Group III) Service Rules, 2015 (Second Amendment). The qualification provided therein is as under :
(i) Bachelor's degree in Agriculture Science from a University established by law in India or a qualification recogn
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