REENA NAULIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner was a candidate for the post of Cane Supervisor in the Cane Department, Government of Uttarakhand. This is a post which is outside the purview of State Public Service Commission and the nodal body, who conducted the said examination, was "Uttarakhand Board of Technical Education". The essential qualification for the post of Cane Supervisor is that a candidate must be Intermediate with Agriculture as one of the essential subjects or High School with two years Diploma in Agriculture and thereafter, the person who has done Bachelor Degree in Agriculture shall be given preference.

(2.) THE petitioner is not intermediate with Agriculture, however, she has done B.Sc. with Agriculture and thereafter, M.Sc. in Agriculture and has also done Ph. D. in the same subject i.e. Agriculture. Her candidature has not been considered since, according to the Uttarakhand Board of Technical Education, she lacks qualification of having Intermediate with Agriculture as essential subject, and this is the stand which has been given in the counter affidavit as well.

(3.) THE Hon'ble Apex Court in Jyoti K.K. Vs Kerala Public Service Commission reported in : (2002) Supp. 1 JT 85 : (2004) 2 UJ 941 wherein the Hon'ble Apex Court on a similar controversy regarding the higher qualification, which is of same stream will be presumed that he must be having a degree treating it qualified in lower degree. The relevant portion of the said decision contained in Para 9 reads as under: -