MOHAMMAD ISTIAQUE ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing counsel for respondents.

(2.) By this petition, the petitioner has challenged the order dated 24.6.1995 passed by Superintendent of Police, Padrauna, District Kushinagar whereby the petitioner's appointment on the post of Urdu Translator cum Junior Clerk has been cancelled in pursuance of radiogram dated 29.5.1995 purported to be issued in pursuance of direction given by High Court dated 26.5.1995, on the ground that the appointments of those Urdu Translator cum Junior Clerk should be cancelled who have not passed Intermediate examination from Uttar Pradesh Madhyamik Shiksha Parishad, Allahabad with Urdu as one of the subjects rather have passed Adibe A-Mahir examination from Jamia Urdu, Aligarh.

(3.) It is stated that the petitioner has applied for selection and appointment on the post of Urdu Translator cum Junior Clerk in pursuance of advertisement dated 28.9.1994, contained in Annexure-3 of the writ petition, thereafter he was duly selected by Selection Committee and appointed vide an order dated 6.5.1995 passed by Superintendent of Police, Padrauna. In pursuant thereof he joined his duty on 24.6.1995 as Urdu Translator Cum Junior Clerk, as contained in Annexure-4 of the writ petition. After joining his service on 24.6.1995 his appointment has been cancelled on the ground that he has merely passed Adibe A-Mahir examination conducted by Jamia Urdu, Aligarh and has not passed Intermediate examination from U.P. Madhyamik Shiksha Parishad Allahabad with Urdu as one of the subjects. Learned counsel for the petitioner has submitted that since the petitioner has fulfilled necessary educational/academic qualification for the post of Urdu Translator Cum Junior Clerk as prescribed in the advertisement inasmuch as in Uttar Pradesh Urdu Translator Cum Junior Clerk Service Rules, 1994, herein after referred to as 1994 Rules, under which passing of Adibe-A-Mahir examination conducted by Jamia Urdu Aligarh was prescribed as one of the alternative academic qualification for the said post, therefore, cancellation of his selection and appointment on the ground of lack of essential academic qualification for the said post is not sustainable in the eye of law. In my opinion, the submission of learned counsel for the petitioner have substance and deserves to be accepted.