- (1.) VINEET Saran, J. Heard Sri V. K. Singh, learned Counsel appearing for the petitioner and Sri R. P. Dubey, learned Counsel appearing for the respondent.
(2.) BY means of this writ petition the petitioner has prayed for a direction to the respondent, U. P. Secondary Education Service Selection Board, Allahabad to consider the candidature of the petitioner for the post of Assistant Teacher in L. T. Grade in Hindi. It is the case of the petitioner that in response to Advertisement No. 1 of 2001 the petitioner had applied for appointment on the Post of Assistant Teacher in L. T. Grade in Hindi but although she is M. A. in Hindi and Sanskrit, her candidature is not being considered. Admittedly, she was called for interview and did appear for the interview before the Selection Board on 20-9-2002. Sri R. P. Dubey, learned Counsel appearing for the respondent was granted time on 29-1-2003 to seek instructions. He has submitted that he has received instructions in writing that the candidature of the petitioner is not being considered and the result is not being declared in her case as she does not possess the minimum qualification, which is B. A. in Hindi and Sanskrit. It is admitted to the parties that the petitioner does possess M. A. degree in Sanskrit as well as Hindi but according to the Board although she may be a post graduate with Hindi and Sanskrit but since she does not have the graduation degree with the said subjects she cannot be considered for appointment against the said advertisement. Learned Counsel for the petitioner has placed reliance on two Division Bench decision of this Court. In Laxmi Narain Yadav v. District Inspector of Schools and others, 1988 (14) ALR 226, this Court has dealt with a similar situation where the candidate had a post graduation degree in a subject where graduation degree was required and it was held that the same would be sufficient qualification. In , this Court held that better or higher qualifications make a person in eligible for a post with lesser qualification is a proposition which is against all norms and rationality.
(3.) HAVING heard learned Counsel for the parties, I find that since it is the admitted position that the petitioner possesses higher qualification than the minimum qualification required, the rejection of the candidature of the petitioner is wrong and the petitioner is entitled for being considered for appointment on the post of Assistant Teacher in L. T. Grade in Hindi subject. In view of the above, it is directed that the qualification of the petitioner may be held to be sufficient for appointment as Assistant Teacher as she is post graduate in both Hindi and Sanskrit and the respondent shall consider the candidature of the petitioner for appointment as Assistant Teacher in L. T. Grade for Hindi subject and declare the result for which she has already been interviewed on 20-9-2002.;