JUDGMENT :

Manish Mathur, J.

1. Heard Mr. Prabhat Kumar, whose power filed today is taken on record, and Mr. Jitendra Kumar learned counsel for the petitioners, Mr. Utsav Mishra, learned counsel for opposite parties 1 and 2, and learned State Counsel for opposite party No. 3.

2. Petition has been filed seeking a direction to the concerned authority to permit petitioner to participate and include her name in the impugned list for the post of "cutting swing" scheduled on July 29th, July 2025.

3. Learned counsel for petitioner submits that in view of the U.P. Audhyogik Shikshan Sansthan (Anudeshak) Sewa Niyamavali 2014 the petitioner would be entitled for consideration in terms of paragraph 16(3) (ka) thereof since marks in the high school and I.T. I. certificate examinations are required to be taken into consideration in the following manner:-

4. Learned counsel appearing for opposite parties 1 and 2 has refuted submissions advanced by learned counsel for the petitioner with submission that the petitioner's candidature has not been considered since there was no such provision in the advertisement issued in November 2015 for the said post, which is in accordance with the English version of the rules known as UP Industrial Training Institutes (Instructors) Service Rules, 2014, which is in the following manner:-

" 16. (1) Direct recruitment shall be made by a Selection Committee comprising:

(1) xxxxx xxxxx xxxxx

(2) xxxxx xxxxx xxxxx

(3) In making selection for direct recruitment, the merit list of the eligible candidates shall be prepared in the following manner:-

(a) For academic qualifications prescribed for the post, the marks shall be awarded to each candidate in the following manner:

(i) Fifty percent of the percentage of marks secured in the High School Examination shall be given to each candidate."

(ii) Twenty percent of the percentage of marks secured in the National Trade Certificate Test/ National Apprenticeship Certificate Test shall be given to each candidate,

Or

Twenty percent of the percentage of marks secured in Diploma or Degree Examination shall be given to cach candidate.

(iii) Fifteen percent of the percentage of the marks secured in CUS/POT test shall be given to each candidate.

(b) (1) After the results of the evaluations under clause (a) have been received and tabulated, the Selection Committee shall hold an interview. If the applications received are large in numbers, then in such situation the number of candidates to be called for interview shall be four times the number of vacancies. For this purpose the merit list of candidates shall be prepared separately on the basis of aggregate of marks obtained by them under clause (a).

(ii) The interview shall carry one hundred marks. Fifteen percent of the marks obtained at the interview shall be given to each candidate."

5. It is also submitted that in case of any contradiction in the Hindi and English versions, it is the English version which would prevail in terms of Article 348(3) of the Constitution of India.

6. Upon consideration of the submissions advanced by learned counsel for the parties and perusal of the material on record, particularly the Hindi version of rule 16(3) and the English version thereof, a clear dichotomy is evident between Rule 16(3)(ka)(Da) of the Hindi version and Rule 16(3)(a)(ii) of the English version in the following manner:-

Rule 16(3)(ka)(Da) of the Hindi version

Rule 16(3)(a)(ii) of the English version

"(ii) Twenty percent of the percentage of marks secured in the National Trade Certificate Test/ National Apprenticeship Certificate Test shall be given to each candidate "

7. In such circumstances, the question arising for consideration is whether the Hindi or English version of the rules would prevail.

8. The aforesaid aspect is delineated delineated in Article 348(3) of the Constitution of India in the following manner:-

"Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the E