- (1.) The petitioner had applied for recruitment on the post of Samiksha Adhikari (Accountant), Sahayak Samiksha Adhikari (Accounant) in U.P. Secretariat, Sahayak Samiksha Adhikari in U.P. Secretariate and Sahayak Samiksha Adhikari in U.P. Public Service Commission, the posts mentioned at serial nos.1, 2 and 3 in advertisement No.A-4/E-1/2017 dated 30.12.2017 issued by U.P. Public Service Commission, the second respondent herein. The educational qualification prescribed for the aforesaid posts in relation to knowledge of computer science is as follows:-
(2.) The petitioner possesses Diploma in Computer Science and Engineering from Rajkiya Mahila Polytechnic, Meja, Allahabad, which is admittedly a recognised Government Institute. However, she was not permitted to appear in the Computer typing test on basis of which the select list was to be prepared. Consequently, the petitioner approached this Court by way of instant petition for a mandamus directing the respondents to permit her to appear in the computer typing test.
(3.) At the time, the writ petition was entertained, the following order was passed on 17.1.2020:- "Heard Sri Alok Kumar Singh, learned counsel for the petitioner, Sri G.K. Singh, learned Senior Advocate, assisted by Sri Avneesh Tripathi, learned counsel appearing for respondent Nos. 2 and 3 and Sri J.S. Bundela, learned Standing Counsel appearing for respondent No.1. Sri G.K. Singh, learned Senior Advocate, assisted by Sri Avneesh Tripathi, learned counsel appearing for the U.P. Public Service Commission is granted a week's time to file a counter affidavit. Sri J.S. Bundela learned Standing Counsel will also file a counter affidavit within the same period of time. Sri G.K. Singh, learned Senior Advocate, has placed reliance upon a Full Bench decision of this Court in Deepak Singh and 9 Others v. State of U.P. and 8 Others, 2019 (7) ADJ 453 to submit that the equivalence of 'O' Level certificate with a P.G. Diploma in Computer, unless approved by the Government who have sent the requisition to the Public Service Commission, would not entitle the petitioner/ petitioners to participate in the recruitment process. Further, on the basis of the higher qualifications claimed, such as M.Sc. Computer Science, B.Tech, B.Tech Computer Science or 'O' Level Diploma granted by other bodies, other than the NIELIT, no relief can be granted by the Court. Learned counsel for the petitioner, on the other hand, submits that the said decision would not apply to the facts of the present case, particularly, in relation to posts of R.O./A.R.O. in the Public Service Commission where the prescribed qualification is Diploma in Computer Application/'O' Level Certificate from any recognized Institution or University. Considering the entire facts and circumstances, as an interim measure, it is directed that in case the petitioner/petitioners succeed, the Commission would hold a special Tying Test for them and appointments on the requisite number of posts, if made, shall remain subject to the result of the writ petition. Lay as fresh on 28.01.2020." ;