ARCHANA KUKRETI (SAKLANI) Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-4-81
HIGH COURT OF UTTARAKHAND
Decided on April 03,2012

Archana Kukreti (Saklani) Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) PETITIONER is a post graduate in Home Science, but while obtaining the said post graduation, the degree, that she obtained, was M.A. (Home Science). An advertisement was published by the Commission, where it was indicated that there are three vacancies available for teaching B.A. (Home Science) and, for that, the minimum requisite qualification is having M.A. (Home Science) with SLET/CLET pass. The advertisement also announced that all those three vacancies are reserved for members belonging to reserved category. The advertisement indicated that there is a post available for teaching B.Sc. (Home Science) and for that post, the requisite qualification is M.Sc. (Home Science) with NET/CLET pass. It was also indicated in the advertisement that the said vacancy is available for all. Petitioner contends that what she has been taught, while obtaining M.A. (Home Science), is also taught to people, who ultimately obtain M.Sc. (Home Science). It is being contended that therefore, there was no just reason to keep the single unreserved post confined to only those, who have M.Sc. (Home Science). The fact remains that UGC has already prescribed post graduation in the relevant subject as the basic minimum eligibility for a person to be appointed to teach the subject in college. Since the subject to be taught is B.Sc. (Home Science), by reason of the mandate of UGC, the person to be selected to teach the said subject is required to have M.Sc. (Home Science) as the basic eligibility. That being the situation, there is no scope of interference. Learned counsel has submitted that in the supplementary affidavit filed by his client, she has brought on record that there are many posts lying vacant, where his client can be suitably accommodated. That may be true, but in respect of those posts as yet no advertisement has been published by the State Public Service Commission. The State Public Service Commission can only act on the basis of requisition received.
(2.) IN the circumstances, it must be deemed that in respect of the vacant posts, where the petitioner can be accommodated, no requisition has yet been issued. The court cannot direct an employer to recruit in the posts, which are lying vacant. There is, therefore, nothing further to be done in the writ petition. The same is dismissed.;


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