Possession of a higher qualification does not necessarily make one eligible for a post requiring a lower qualification, as the specific educational requirements outlined in the relevant rules must be met.

JUDGMENT :

Heard learned counsel for the parties

2. Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 1936 of 2019 are being considered.

3. Petitioner participated in a selection held by Uttarakhand Subordinate Service Selection for the post of Computer Programmer/cum Operator and was declared as successful. Petitioner appeared before the selecting body for document verification, however, his name was not included in the final select list published on 19.06.2018. Petitioner, thereafter, filed writ petition, which was disposed of by this Court vide order dated 29.04.2019. Operative portion of the said order is reproduced below:

“Accordingly, the writ petitions are disposed of with liberty to petitioners to make representation to Secretary, Technical Education, Uttarakhand/ respondent no. 1 within two weeks from today. Secretary, Technical Education, Uttarakhand/ respondent no. 1 shall examine the matter and take appropriate decision by passing a speaking order in accordance with law, within six weeks from the date of receipt of representations alongwith certified copy of this order and appropriate order shall be passed by the respondents within two weeks thereafter.”

4. Pursuant to the said order, petitioner made a representation, which has been rejected by Additional Chief Secretary, Technical Education Department, Government of Uttarakhand vide order dated 19.07.2019. Feeling aggrieved by rejection of his claim for appointment, petitioner has approached this Court seeking the following reliefs:

“i) Issue a writ of certiorari to quash the impugned rejected dated 19.7.2019 passed by Additional Chief Secretary/Secretary, Technical Education, Government of Uttarakhand (Contained as Annexure No. 1 to this writ petition).

ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to appoint the petitioner on the post of Computer Programmer-cum

Operator in the Technical Education Department.”

5. Petitioner contends that since he possesses B.Tech. Degree in Computer Science & Engineering in addition to one year Diploma in Computer Application, therefore, he could not have been non-suited for appointment. Learned counsel for the petitioner submits that even if the Diploma possessed by petitioner is ignored, then also petitioner is eligible for appointment by virtue of possessing B.Tech. Degree in Computer Science & Engineering, which is higher than Diploma in Computer Application. The qualification needed for the post in question i.e. Computer Programmer/Operator is given in Appendix-II to the Statutory Rules known as “Uttarakhand Technical Education Department (Non-Gazetted Technical) Service Rules, 2008, which is reproduced below:-

Appendix-II

6. From the Appendix-II of the relevant recruitment Rules, it is apparent that, for appointment to the post in question, one should have Bachelor’s Degree in any branch with Diploma in Computer Application of minimum one year duration and such Diploma should be recognized by Central/State Government. Besides the above qualification, a person with Diploma in any discipline in Engineering with recognized Diploma in Computer Application of minimum one year duration, is also eligible for appointment to the post in question. There is no dispute regarding validity of B.Tech. Degree in Computer Science & Engineering po