DEVENDRA KUMAR MISHRA; RAN VIJAY SINGH Vs. STATE OF UTTARAKHAND; UTTARANCHAL PUBLIC SERVICE COMMISSION AAYOG BHAWAN; UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG; ASSOCIATION OF INDIAN UNIVERSITIES; MJP ROHILKHAND UNIVERSITY BAREILLY

JUDGEMENT

(1.) By means of this writ petition, moved under Article 2 226 of the Constitution of India, the petitioners have sought writ in the nature of certiorari, quashing the order dated 12th of June 2006, issued by respondent No. 2. A mandamus has also been sought directing the respondents to treat the degree of M.Sc. Plant Science equivalent to degree of M.Sc. Botany for all purposes and consider the candidature of the petitioners and give appointment to the petitioners on the post of Lecturer in Biology against the advertisement No. 1 / Seva / 2003-04.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit on record.

(3.) Brief facts of the case are that the Public Service Commission, Uttarakhand, advertised posts of Lecturers in Government Intermediate Colleges, including the post of Lecturer in Biology. The petitioners, in response to said advertisement, submitted their applications for the post of Lecturer in Biology. However, the petitioners did not hold the degree either in M.Sc. Zoology and M.Sc. Botany. The petitioners are postgraduate in Plant Science. The petitioners "™ case is that the M.Sc. degree in Plant Science is equivalent to that of M.Sc. Botany. It is pleaded by the petitioners that they were provisionally allowed to appear in the interview on the condition that they shall produce a certificate from the University Grants Commission to 3 the effect that the degree of M.Sc. Plant Science is equivalent to that of M.Sc. Botany. It is further pleaded that the petitioners was not called for the interview on the ground that they does not possess the requisite minimum qualification for the post of Lecturer in Biology. The petitioners "™ case is that they obtained a certificate from the Registrar and Head of the Department of Plant Science and submitted the same, but their candidature was rejected. Earlier, in the similar circumstances, one Saurabh Deep Singh (not petitioner in this petition. filed Writ Petition No. 257 (S/S. of 2006, which was disposed of vide order dated 02.03.2006, directing the respondent No. 3 to decide the representation of the petitioner. Vide impugned order dated 12th of June 2006, the Public Service Commission, Uttarakhand, has rejected the candidature of the petitioners finally stating that they are not qualified for the post of Lecturer in Biology.