SAURABH DEEP SINGH S/O S P SINGH Vs. STATE OF UTTARAKHAND; UTTARANCHAL PUBLIC SERVICE COMMISSION AAYOG BHAWAN, GURUKUL KANGRI KANKHAL, HARIDWAR; UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG; ASSOCIATION OF INDIAN UNIVERSITIES AIU HOUSE; MJP ROHILKHAND UNIVERSITY BAREILLY

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the 2 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 petitioner and give appointment to the petitioner 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 petitioner, in response to said advertisement, submitted his application for the post of Lecturer in Biology. However, he do not hold the degree either in M.Sc. Zoology and M.Sc. Botany. The petitioner is a postgraduate in Plant Science. The petitioner "™s case is that the M.Sc. degree in Plant Science is equivalent to that of M.Sc. Botany. It is pleaded by the petitioner that he was provisionally allowed to appear in the interview on the condition that he shall produce a certificate from the University Grants Commission to the effect that the degree of M.Sc. Plant Science is equivalent to that of M.Sc. Botany. It is further pleaded 3 that the petitioner was not called for the interview on the ground that he does not possess the requisite minimum qualification for the post of Lecturer in Biology. The petitioner "™s case is that he obtained a certificate from the Registrar and Head of the Department of Plant Science and submitted the same, but his candidature was rejected. Earlier he 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 petitioner finally stating that he is not qualified for the post of Lecturer in Biology.