UP LT GRADE SELECTION - PG DEGREE ISSUE
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 30
Civil Misc. Writ Petition No. 6333 of 2013
Ravindra Babu Shriwas & Ors. Vs. State of U.P. & Anr.
With
Civil Misc. Writ Petition No. 6835 of 2013
Gaurav Tiwari & Ors. Vs. State of U.P. & Ors.
With
Civil Misc. Writ Petition No. 8847 of 2013
Ashutosh Sharma Vs. State of U.P. & Anr.
With
Civil Misc. Writ Petition No. 52188 of 2012
Km. Neelam Singh Vs. State of U.P. & Ors.
With
Civil Misc. Writ Petition No. 34343 of 2011
Pratibha Singh & Ors. Vs. State of U.P. & Anr.
With
Civil Misc. Writ Petition No. 34698 of 2011
Smt. Madhuri Devi & Anr. Vs. State of U.P. & Ors.
*****
Hon'ble A.P. Sahi,J.
These batch of writ petitions relate to an issue that was earlier raised in writ petition no. 34698 of 2011 and has again been raised in the other writ petitions which has been noted in the order passed in writ petition no. 6333 of 2013 on 8.2.2013.
The dispute in short relates to the award of quality point marks as against the possession of a post graduate degree as per Rule 15(2) read with Appendix - D of the Uttar Pradesh, Subordinate Educational Service Rules, 1983.
The rules read with the appendix make a provision that a candidate has to be awarded quality point marks in accordance with the calculation given in the said appendix and if a candidate possesses a post graduate decree for appointment against Trained Graduate Teaching Post, then for first division marks fifteen quality point marks will be awarded, for second division, ten quality point marks will be awarded and for third division, five additional marks will be awarded.
The petitioners in all these writ petitions contend that this award of a post graduate degree weightage should be in respect of the subject concerned for which the selection is being made and not in any other subject. For illustration, if the selection is being made of a science teacher and he has subsequently obtained a post graduate degree in Arts then the same should not be counted for the purpose of weightage.
The learned Standing Counsel for the State had been granted time to file a counter affidavit whereafter the learned Additional Advocate General, Sri C.B. Yadav had appeared and had made a request that the matter be adjourned to enable him to obtain instructions in the matter.
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Sri C.B. Yadav however inspite of these instructions which clearly indicate that the selections are being held as per Rules contends that if the argument of the petitioners is accepted then the court can proceed to correlate the possession of the post graduation degree to the subjects which have been mentioned in the qualification at the graduation level to be possessed by the candidate.
Learned counsel for the petitioners have not been able to counter this position taken by Sri C.B. Yadav and to the mind of the court the same also appears to be reasonable that the post graduation degree should be correlated to any of the subjects of the candidate for the post in question at the bachelors level, for example, if the requirement at the graduate level is of a bachelors degree in History, Geography, Political Science or Economics for the post of an Assistant Teacher General (History, Geography, Civics, Economics) then the post graduation degree should relate to any of the said four subjects. Similarly, even in the case of Science subject if the requirement is of a bachelors degree with Physics, Chemistry, Mathematics or Biology then in that event a post graduation degree in Arts will not be a degree against which quality point marks could be awarded under the Appendix - D. This being the position, the matter could have been disposed of with the aforesaid interpretation in relation to the possession of a post graduation degree for the purpose of quality point marks as per Rule 15, but in the meantime during the pendency of these writ petitions, it is informed that some selections have been finalized and candidates have joined on the basis of the selections held. At this juncture it may be relevant to point out that even with regard to previous years selection the order passed by the Court was clearly to the effect that any selections made shall be subject to the result of the writ petition against the advertisement then issued.
In the instant cases of the year 2013 a similar order has been passed on 8.2.2013. Accordingly, it would be appropriate that the State files an affidavit indicating as to the results which have been declared and appointments were made prior to passing of the interim order dated 8.2.2013 alongwith the names of the candidates alongwith their place of posting. It is further provided that the said affidavit shall be filed within a week.
The respondents shall in the light of what has been stated above shall now not proceed to issue any letter of appointment to a candidate who has been extended the benefit of quality point marks on the basis of a post graduate degree other than the subjects at the graduate level until further orders of the court.
Put up on Tuesday next.
A copy of the order may be given to the learned Standing Counsel, Sri Upendra Singh free of charges for communicating it to the authority within 24 hours.
Order date: 5.3.2013
Sahu
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2419133
