SATYENDRA KUMAR GAUR Vs. STATE OF U P

JUDGEMENT

(1.) These two writ petitions have been filed by the person, who had applied for the post of Sub Deputy Inspector of Schools in pursuance of the advertisement No. 3/2003-04 published by the, Public Service Commission U.P. in newspaper dated 12/18.7.2003. The applications made by the petitioners for the post of Sub Deputy Inspector of Schools have been rejected by the Public Service Commission U.P., Allahabad vide order dated 15.10.2005, as intimated under the letter dated 15.10.2005, on the ground that the petitioners do not fulfill the required minimum educational for the post in question namely that the petitioners have neither obtained a degree of B.ED. nor are L.T.

(2.) On behalf of the petitioner it is contended that the petitioners have obtained a Degree of Graduation with Education as one of the subject from the recognised University under the U.P. State Universities Act, 1973 and therefore in accordance with the advertisement they fulfill requisite educational qualification prescribed for the post of Sub Deputy Inspector of Schools. Therefore, the decision of the Public Service Commission, rejecting their applications, is totally misconceived and based on non-consideration of prescribed minimum educational qualification.

(3.) On behalf of the Public Service Commission Sri. M.A. Quadeer contended that under the U.P. Subordinate Education Sub Deputy Inspector of Schools Service Rules, 1992, the minimum educational qualification prescribed is a Bachelor Degree in the Education from the University established by law or equivalent thereto. In case the candidates is not holder of Bachelor Degree in Education, he must be possessed of L.T. Diploma of the Government Training College or Government Basic Training College awarded by Registrar, Departmental Examinations U.P. To the similar effect is the minimum qualification advertised against the post of Sub Deputy Inspector of Schools. Therefore, there is no illegality or infirmity in the decision taking by the public Service Commission while rejecting applications of the petitioners.