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2025 DAILYLAW 31485 (ALL)

ATUL KUMAR AND 4 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

SPLA/194/2025 · 2025-05-07

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75074-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 194 of 2025 Appellant :- Atul Kumar And 4 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Appellant :- Satya Prakash Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has rejected the claim of appellants for appointment to the post of Police Assistant Sub-Inspector (Accounts) on the ground that the appellants do not hold requisite qualifications for appointment to the post. The qualification has been specified in clause 3.2 of the advertisement which apart from other qualifications include O-level certificate from N.I.E.L.I.T. The schedule to the advertisement also provides equivalence to O- level certificate. Clause 14 of the schedule states that Post Graduate Diploma in Compute Application from a private institute would be admissible. Clause 21, however, states that since such post graduate diploma is below a degree, therefore, unless the candidate has passed intermediate with Physics, Chemistry, Mathematics he would not be entitled to such equivalence. This stipulation in the advertisement is not under challenge. It is admitted that the appellants do not possess specified qualification, inasmuch as their intermediate was not in Physics, Chemistry, Mathematics. It is for this reason that the appellants have been non-suited. Learned Single Judge has dismissed the writ petition. 2. Scope of interference in such matters is extremely limited. Once the advertisement is not under challenge we would not be justified in embarking upon a factual exercise to determine as to whether the qualifications possessed by the appellants ought to be treated as equivalent to O-level certificate. Mere fact that in some other recruitments such condition was not included cannot be a ground to grant such relief to the appellants. Special appeal lacks merit and is, accordingly, dismissed. Order Date :- 8.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad