Neutral Citation No. - 2025:AHC:76649-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 54 of 2025 Appellant :- Omendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Shatrughan Sonwal,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- Rohit Pandey,C.S.C.,Krishna Kumar Chand With Case :- SPECIAL APPEAL DEFECTIVE No. - 1295 of 2020 Appellant :- Vaibhav Parashar And 4 Others Respondent :- State Of U.P. And 2 Others Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal is by the writ petitioner who had approached this Court with the following prayer:- "(a) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to consider the candidature of the petitioner for the post of trained graduate teacher English in T.G.T. Recruitment Examination of 2016 and also be allowed to appear in the interview." 2. According to the petitioner he possesses requisite qualification for appointment to the post of LT grade teacher in English. The requirement for the post included English Language as one of the subject at graduate level. The writ petitioner had passed his B.A. examination from Agra University where he had General English as one of his subjects. The issue was as to whether English Language and General English are two different subjects or one? The petitioner was not considered for appointment only for such reason. It is in this context that the cause was brought before the learned Single Judge who has dismissed the writ petition relying upon a previous judgment of learned Single Judge in Writ-A No.6083 of 2020, Asheesh Kumar and 6 Others Vs. State of U.P. and 2 Others. This judgment is also under challenge in the connected Special Appeal Defective No.1295 of 2020. 3. When this matter was taken on 15.4.2025, we directed notices of this petition to be served upon the counsel appearing for the Agra University so that he may apprise the Court as to whether syllabus of General English and English Language are one and the same or not? 4. Sri Rohit Pandey, appearing for the Agra University sought time in order to have appropriate instructions from the University. We were informed that the University has referred the matter to a Select Committee which has opined as under:- "Members of the meeting held in Principal's office at St. John's College, Agra at 4 pm on 28th April 2025 A special committee consisting of Prof. S. P. Singh, Prof. Sanjay Mishra and Prof. Gunjan Chaturvedi was constituted by the Vice Chancellor of Dr. Bhimrao Ambedkar University, Agra to advise on the key issue in SLPA No. 54/2025. The committee met at 4 pm on 28th April 2025 in the Principal's Office at St. John's College, Agra. The committee on the perusal of the facts related to the issue noted that a committee meeting consisting of Dr. Nibir Ghosh and Dr. C.K. Gautam was convened by the Academic Section at 11 am on 21 March 2022 in online mode. After a detailed discussion the committee had noted: "In terms of course content and focus, General English and English and English Language are one and the same." After perusal of the course contents of the General English paper in Dr. Bhimrao Ambedkar University, Agra and English Language paper in various other Universities have always been similar and have similar focus. This committee upholds the decision given by the earlier committee and requests the University to submit its response in the light of this fact. अतत उक सस सपष हह कक डड० भभमररव आआबसडकर कवशकवदरलय, आगरर मम General English व English Language सदहव एक ददसरस कस समकक रहस हह। मर. नयरयरलय कक उपरकक कस समबनध मम अवगत कररनस कर कष करम।" 5. The communication of the University dated 8.5.2025 incorporating the above version is taken on record. 6. Once the University has clearly stated that the syllabus and course contents of General English and English Language are one and the same the matter at the level of competent authority with regard to appellant's claim for appointment will have to be reconsidered. Dismissal of writ petition by learned Single Judge also cannot be approved of for such reasons. 7. Special appeals, consequently, succeed and are allowed. The judgment of learned Single Judge is set aside. The petitions are disposed of with a direction upon the concerned recruitment agency i.e. Commission constituted under the U.P. Education Service Selection Commission Act, 2023 to take a fresh decision in light of the communication of the University, within a period of two months. Order Date :- 12.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad