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AJIT KUMAR
Dipesh Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ajit Kumar, J.
Heard Sri. R.K. Ojha, learned Senior Advocate assisted by Sri. Nityodit Tripathi, learned counsel for the petitioner, Sri. Manoj Kumar Singh, learned Advocate appearing for the UP Higher Education Service Commission, Sri. Prabhakar Awasthi, learned counsel appearing for 5th respondent and learned Standing Counsel for the State-respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of order by which his candidature came to be cancelled holding him not eligible for appointment as Assistant Professor in a postgraduate college for he having not secured Second Division marks in the relevant subject in which he has an undergraduate degree.
3. Basic argument advanced by learned Senior Counsel for the petitioner is that earlier qualification was degree in the relevant subject with 50% marks which subsequently came to be amended as degree in the relevant subject or degree in Second Division.
4. Two fold arguments have been advanced: firstly, the word 'or' being disjunctive, it means there should be undergraduate degree in the relevant subject or degree with second division marks as per the earlier rule
The court affirmed that eligibility criteria for academic appointments must be strictly adhered to, and disjunctive terms can be interpreted conjunctively for clarity in qualifications.
The court determined that the amended Ordinance allows candidates with 65% marks to be classified as First Division, enabling the petitioner to join the post despite prior classification as Second Di....
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribe....
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
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