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2016 DIGILAW 3466 (ALL)

Jitendra Singh v. State of U. P.

2016-10-18

SUNITA AGARWAL

body2016
JUDGMENT Mrs. Sunita Agarwal,J. Heard Sri V.D. Shukla learned counsel for the petitioner and Sri K.S. Kushwaha learned counsel for respondent no.4. The contention of the petitioner is that the petitioners duly possess the essential qualification in Computer Operation which is equivalent to the CCC Certificate awarded by DOEACC Society. The petitioner no.1 has completed his Bachelor in Computer Application from U.P. Rajshri Tandon Open University and his certificate dated 29.02.2012 is appended at page no.30 of the paper book whereas the petitioner no.2 has completed Diploma in Electronics Engineering (Computer) Course conducted by Military College of Electronics Mechanical Engineering, Sikandrabad and the certificate dated 22.07.2006 is appended at page no.32 of the paper book. Learned counsel for the petitioner has placed reliance upon the judgement of this Court in Abha Tripathi & 24 others Vs. leading writ petition no.30313 of 2016 alongwith connected matters decided on 16.09.2016 to submit that the petitioners possess essential knowledge of computer and, therefore, they are entitled to participate in the interview scheduled to be held for the purpose of selection. Sri K.S. Kushwaha learned counsel for respondent no.4 after instructions submits that the process of interview is over on 17.10.2016, however, in cases, where the directions have been issued by this Court to consider the candidature of applicants having requisite qualification, future date will be fixed in the meeting of the Commission scheduled to be held today. He further submits that petitioner no.1 namely Jitendra Singh is not entitled for consideration as he is not covered by the decision made in the case of Abha Tripathi (Supra) in as much as, this Court has refused to permit the candidates having obtained the Diploma of Computer Application through Distance Education mode. He further submits that petitioner no.1 namely Jitendra Singh is not entitled for consideration as he is not covered by the decision made in the case of Abha Tripathi (Supra) in as much as, this Court has refused to permit the candidates having obtained the Diploma of Computer Application through Distance Education mode. Reliance is placed upon the judgement of this Court dated 04.10.2016 passed in Writ Petition No.48354 of 2016 wherein it has observed;- "However, a Post Graduate Diploma in Computer Application through distance education cannot be treated to be equivalent or a higher qualification than the CCC certificate of the DOEACC Society." In so far as the petitioner no.2 is concerned, it is submitted by the learned counsel for the respondent no.4 that he has obtained Diploma in Electronics Engineering (Computer) Course which can be treated as equivalent to CCC Certificate issued by DOEACC Society, in case, the institute from which the petitioner has obtained this Diploma is an institute recognized by the Government of India or the UGC or by an Apex body constituted for the purpose of maintaining standards of education in Computer Application/Computer Engineering. In view of the submission of learned counsel for the parties, this Court finds that a case for consideration of petitioner no.2 for appointment on the post of Gram Panchayat Adhikari is made out by the learned counsel for the petitioner. In view thereof, a mandamus is issued to the respondent no.4 namely U.P. Subordinate Services Selection Commission to provisionally permit the petitioner no.2 to appear in the interview on the forthcoming date to be fixed in its meeting, which is scheduled today. However, it is made clear that the selection of petitioner no.2 on the post of Gram Panchayat Adhikari shall be subject matter of final results and verification of his certificate of computer course and other educational qualifications. With the above observations and directions, this writ petition is disposed of.