SATYENDRA KUMAR GAUR Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. These two writ petitions have been filed by the persons, who had applied for the post of Sub-Deputy Inspector of Schools in pursuance of the advertisement No. 3/2003-2004 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 qualification 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 recognized 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.) THE issue is as to whether the degree possessed by the petitioner can be held to be a Bachelor Degree in Education or not. In order to appreciate the controversy so raised, it would be worthwhile to reproduce the academic qualification as prescribed under Rule 8 of the Uttar Pradesh Subordinate Education (Sub-Deputy Inspector of Schools) Service Rules, 1992 as well as essential qualifications mentioned in the advertisement for the post in question, which are read as follows: "rule 8 (1 ). A candidate for direct recruitment through the Commission must possess the following qualifications : (i) a Bachelors degree in Education from a University established by law in India or qualification recognized by the Government or equivalent their to and in case Bachelors degree is not in Education, the L. T. Diploma of the Government Training College or the Government Basic Training College awarded by the Registrar, Departmental Examinations, Uttar Pradesh. Provided that, other things being equal, preference shall be given to those candidates who possess L. T. Diploma in Basic Education from Government Basic Training College or who hold a degree or diploma or certificate of any special course of training in Basic Education from any University or Board established by law in India or from the Education Department of any other State Government. (2) In the case of candidates recruited from amongst head masters/head mistresses under clause (i) of Rule 5, preference shall be given to those who have passed the High School Examination conducted by the Board of High school and Intermediate Education, Uttar Pradesh or an examination declared as equivalent thereto. " "essential Qualification: A Bachelors Degree in Education from a University established by law in India or Qualification recognised by the Government or equivalent their to and in case Bachelors Degree is not in Education the L. T. Diploma of the Government Training College or the Non-Government Basic Training College awarded by the Registrar, Departmental Examination, U. P. (2) Working knowledge of Hindi in Devnagri Script. "