KULDEEPAK Vs. STATE OF U.P. AND OTHER

JUDGEMENT

(1.) Selection for the post of Principal of Northern Regional Institute of Printing & Technology, Allahabad, has been challenged by petitioner who was one of the candidates and was called for interview but was not selected. It is claimed that selection of Respondent No. 4 is vitiated as he did not posses the essential qualifications as mentioned in the advertisement. According to petitioner respondent was neither B.Sc. nor did he hold degree or diploma in Printing Technology and, therefore, he could not have been called for interview even. It is also claimed that since on the date when advertisement was issued in 1982 respondent No. 4 was already aged 45, he was over - age. It is, however, admitted that subsequently a corrigendum was issued in 1984 by which it was provided that relaxation in age could be granted to highly qualified candidates. For that no age was fixed. That is why the application of respondent was initially rejected but w hen he applied again after corrigendum was issued in 1984 it was entertained. He was granted relaxation being a highly qualified candidate. This grant of relaxation has been attempted to be challenged and it is urged that the respondent may have been qualified but he could not be considered to be highly qualified, therefore, the entire process of selection was vitiated. Although various documents have been filed by respondent to demonstrate that he was highly qualified but it appears unnecessary to examine them as the Board admittedly in addition to members of commission comprised of three technically qualified experts. If they were of opinion that petitioner satisfied the test and could be considered to be rightly qualified then it is not in the domain of this court to examine it under Art. 226.

(2.) Nor is there any merit in petitioner's claim that respondent admittedly being an arts graduate was not B.Sc., therefore, It lacked the mandatory qualifications. The advertisement itself provides that relaxation from B.Sc. degree could be granted if a candidate was highly technically qualified. Whether petitioner is highly technically qualified or not is other matter but it cannot be said that this application could not be entertained. In the counter - affidavit filed by commission details of respondent's training in various courses conducted by Government of India have been mentioned. It i, stated that because of this the commission was of opinion that petitioner was highly technically qualified and granted him exemption from B.Sc. The respondent in his counter - affidavit has further given details of papers published by him. It is again not necessary to examine all this. The power of relaxation vested in commission. It granted the same on material furnished by respondent. Even assuming for argument Sake, that on the material two opinions could be formed then that would not confer jurisdiction on this court to interfere with. Further the Selection Board comprised not only of Chairman of commission but two other member and three technical experts. Ail this material was before it. If the Board was of the opinion that relaxation granted from B.Sc. degree was proper because respondent was highly technically qualified then this court should refrain to examine or interfere with it.

(3.) Similarly the argument that respondent did not possess diploma or he did not have eight years (experience is devoid of any merit. In 1957 Northern Regional School, to train skilled craftmen in different trades pertaining to printing and alied technology and graphic arts, financed, jointly by Government of India and State Government was started at Allahabad, It was run under Directorate of Industries U.P. with help of Advisory Committee and a Board of studies. In the first two years the students of this college were awarded All India Certificate Courses for printing and technology. In 1959 the institution came under Directorate of Technical Education. The State Board of Technical Education recognised the certificate course. It further decided that first batch of students would be awarded diploma in priming technology by Directorate of Industries U.P. The Director granted the same to respondent. Copy of it has been filed with respondent's Counter - affidavit. The argument, therefore, that since respondent had studied certificate course he was not holding any diploma, has no Substance.