IRSHAD KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. G.M. Kamil, learned counsel for the petitioner as well as learned Standing Counsel. The petitioner seeks direction for the opposite parties to send him for B.T.C. training course, 2012 by recognizing his qualification B.B.A. from Integral University, Lucknow.

(2.) Learned counsel for the petitioner submits that B.B.A. qualification for the University is categorised under the Commerce Group. Therefore, he filled up his form indicating his qualification in the Commerce Group. However, since the qualification possessed by the petitioner is out of qualification viz. B.Sc., B.Sc. (Agriculture) and B.Sc. (Home Science) as well as B.A. and B.Com., therefore, he has been acknowledged for the purpose of training course under the other category for which the guidelines to fill up the forms speak that the qualification which is not covered under the Arts group or Science group that shall be categorised on the basis of the qualification of Intermediate examination held by the candidate as well as the quality of marks fixed therefor. The petitioner has completed his Intermediate examination from Science group. Since B.B.A. qualification is neither covered under the Art group or Science group at the graduation level, therefore, definitely his qualification has to be acknowledged on the basis of Intermediate examination in Science group. Since at the time of fulfilling the form, the petitioner keeping in view the category provided by the University filled up his form in Science group, the Examination Authority in the light of the guidelines framed for the examination is not recognizing him in the said group and on his very ground his candidature has been rejected.

(3.) In light of the facts that the petitioner's qualification of B.B.A. at graduate level neither has been recognised under the Arts group or Science group, I am of the view that definitely his candidature has to be acknowledged in the category on the basis of his Intermediate qualification which he possessed in Science group. Therefore, I am of the view that there is no occasion to reject the petitioner's candidature from permitting him to B.T.C. training course.