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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Karunesh Singh Pawar,J.
Shubham Kumar – Appellant
Versus
State Of U.P Thru Prin Secy Animal Husbandry – Respondent
JUDGMENT :
Karunesh Singh Pawar, J.
1.Heard Mr. Shubham Kumar, petitioner in person and Sandeep Sharma, learned Additional Chief Standing Counsel for the State.
2.By means of present petition, the petitioner has prayed for following prayer(s) :
"(i) to issue a writ, order or direction in the nature of Certiorari to quash the impugned order dated 14.12.2016 passed by the Respondent No. 1 as contained in Annexure No. 1 to this writ petition.
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents not to give effect to the impugned order dated 14.12.2016 passed by the Respondent No. 1 as contained in Annexure No. 1 to this writ petition.
(iii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to include the 2 years Diploma course of Veterinary Pharmacy as an essential qualification for appointment on the post of Veterinary Pharmacist keeping in view the letter dated 30.6.2010 issued by the State Government, which is annexed as Annexure No. 2 to this writ petition.
(iv) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to consider the case of the petitioner for appointment on th
A constitutional court cannot compel the legislature to enact laws in a specific manner, and no vested right exists for appointment based solely on educational qualifications.
Recruitment Rules cannot be at variance with the Regulations prescribed by the Pharmacy Council of India for essential qualifications for appointment as a Pharmacist.
(1) Appointment of Pharmacists – Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational – Rule 6(1) is Constitutionally valid.(2) ....
It is clear that for maintaining standards of education in schools, NCTE is now specifically empowered to determine qualifications of persons for being recruited as teachers in schools or colleges.
The main legal point established in the judgment is the prohibition of discriminatory policy in allowing individuals to join a post under the same appointment letter.
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