ANAND YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The competing interests of post-graduates having the degree of M.A. (Education) and M.Ed. has given rise to a spate of litigation, and the present dispute flows from this. There are judicial precedents dealing with this issue, but in a relevant factual context. Further, there has been, to some extent, a pendulum swing in the stand of the concerned authorities in analysing this controversy based upon inputs from experts.

(2.) The origination of the dispute is Advertisement No. 46, which was issued by respondent No. 2, the Uttar Pradesh Higher Education Service Selection Commission (for short 'UPHESSC') in March, 2014 inviting applications for the post of Assistant Professors in various subjects, including 'Education'. The candidature of appellant No. 2 was rejected on the ground that he did not fulfill the minimum criteria set out by the University Grants Commission (for short 'UGC'), respondent No. 4, although he had an M.Ed. Degree. This caused the said appellant to approach the High Court by filing Writ-A No. 61 of 2015.

(3.) The process in pursuance of the aforesaid advertisement was nearly completed while the writ petition was still pending, and a subsequent advertisement, i.e., Advertisement No. 47 of 2016 was issued. This was once again for the post of Assistant Professor in various subjects, including hundred posts in 'Education' in Government aided non-Government universities. The eligibility criteria for the same was specified in para 6 of the advertisement, the relevant portion of which reads as under: