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2025 Supreme(Online)(All) 1770
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar, J
Abhinav Tiwari – Appellant
Versus
State Of U.P. – Respondent
WRIT - A No. - 19283 of 2023
For the Appellants/Petitioners: Rajesh Kumar, Shree Prakash Giri
For the Respondents: Diptiman Singh, Ashok Srivastava, Avneesh Tripathi, C.S.C., Dhananjay Awasthi, M.N.Singh, Rahul Jain
The PGDCA certificate issued by Ewing Christian College is recognized as equivalent to 'O' level certificate under UGC guidelines, and only the State Government can determine such equivalency for recruitment purposes.
Headnote:(A) U.G.C. Guidelines 2012-17 - Issue of recognition of PGDCA course - The PGDCA certificate granted by Ewing Christian College is equivalent to 'O' level certificate issued by the DOEACC Society based on UGC's clarified positions and relevant recruitment rules. (Paras 4, 20-25)
(B) Recruitment Policy - Courts restrain from substituting their judgment for that of the employer regarding qualifications, maintaining that equivalences should be defined by established rules only. (Para 54)
Facts of the case:
The petitioner applied for the post of Review Officer and claimed his PGDCA qualification was equivalent to 'O' level; the UPPSC contended otherwise.
Findings of Court:
The PGDCA from ECC can be considered equivalent to 'O' level based on established UGC guidelines and state clarifications.
Issues: The controversy related to qualification equivalency and the role of the recruiting authority in defining such equivalency.
Ratio Decidendi: The court underscored that only the State Government could determine equivalencies regarding recruitment qualifications as per existing rules.
Result: Petition allowed.
| Table of Content |
|---|
| 1. status of pgdca qualification under recruitment rules. (Para 1 , 2 , 3) |
| 2. court's stance on qualification equivalence. (Para 8 , 12 , 20) |
| 3. determining eligibility for selection based on rules. (Para 16 , 19) |
| 4. authority of state in recruitment policy and qualifications. (Para 18 , 22 , 24) |
HON'BLE AJIT KUMAR, J.
1. Heard Sri Rajesh Kumar and Sri Shree Prakash Giri, learned counsel for the petitioner, Sri G.K. Singh, learned Senior Advocate assisted by Sri Avneesh Tripathi, learned counsel for the U.P. Public Service Commission, Sri Ashok Srivastava, learned counsel for respondent no. 6, Sri Rahul Jain, learned counsel appearing for University Grants Commission, Sri Diptiman Singh, learned counsel for the University of Allahabad and Sri P.K. Srivastava, learned Additional Chief Standing Counsel.
2. The controversy in the present case centres around the status of the qualification of Post Graduate Diploma in Computer Application (in short 'PGDCA') issued by the autonomous constituent institute of University of Allahabad namely the Ewing Christian College, Allahabad, whether to be treated as equivalent to 'O' level certificate issued by the DOEACC Society. The controversy arose on account of a fact that petitioner applied against the post of Review Officer and Assistant Review Officer in U.P. Secretariat with requisite qualification presenting certificate of Post Graduate Diploma in Computer Application issued by the said institute. The candidature was not being accorded due consideration at the stage of preparation of final select list on the ground that such certificate cannot be treated as equivalent to the 'O' Level certificate issued by the DOEACC Society.
3. After the exchange of pleadings by the respective parties, specially the Uttar Pradesh Public Service Commission (in short 'UPPSC'), this court asked from the University Grants Commission (in short 'UGC') under its order dated 20.05.2025 as to whether the UGC permitted a recognized autonomous institute of a University to grant such PGDCA certificate.
4. On the last date Sri Rahul Jain, learned counsel appearing for UGC had clarified the stand of the UGC on the issue by referring to clause 10 of the UGC Guidelines 2012-17 which permitted such autonomous college/ institute to start Diploma courses both Under Graduate and Post Graduate level or even certificate courses without prior approval of the University concerned.
5. Thus, according to Sri Jain, the ECC which is an autonomous constituent institute of University of Allahabad was fully justified in running PGDCA course and issuing certificate in respect thereof. The Court was then to consider as to whether such certificate can be taken to be equivalent to 'O' level certificate or not and referring to the advertisement and clause given therein providing for 'O' level certificate or equivalent certificate issued by a recognized University, the Court was prima facie satisfied that ECC being autonomous constituent institute of University of Allahabad, the PGDCA certificate was liable to be taken as equivalent to 'O' level certificate issued by the DOEACC Society.
6. In the circumstances, while the Court was proceeding to pass final order, Sri Avneesh Tripathi, learned counsel appearing for UPPSC had prayed for adjournment on the ground that Sri G.K. Singh, learned Senior Advocate appearing in this case. Matter was accordingly adjourned for today by passing a detailed order on 22.08.2025 which is reproduced hereunder:
"Heard Shri Shree Prakssh Giri, learned counsel for petitioner, Shri Rahul Jain, learned counsel for University Grants Commission, Shri Avneesh Tripathi, learned counsel for Public Service Commission, Shri Ashok Srivastava, learned counsel for respondent No. 6 and Shri Diptiman Singh, learned counsel for respondent No. 7.
The dispute is with regard to the status of certificate of post-graduate diploma in computer application issued by autonomous institute, namely, Ewing Christian College, Centre for
