- (1.) R. B. Misra, J. Heard Sri R. P. Yadav learned counsel for and on behalf of the petitioner and Sri Sandeep Mukherji, learned Standing counsel.
(2.) IN this petition prayer has been made for issuance of writ of mandamus commanding the respondents to pay the petitioner his entire salary due from 24-3-1982. It appears that an advertisement was published for selection to the post of Assistant Teacher in C. T. grade (now a dying cadre) in the year 1980 where the incumbent was required to possess of B. Ed. degree in addition to the required qualification prescribed. The petitioner had appeared in the B. Ed. Examination but his result was not declared and at that relevant time he was not in a possession of degree of B. Ed. , however on his wrong disclosure that he possess B Ed. Degree, he was allowed to participate in the selection and the Selection Committee bonafidely awarded quality point marks and found into the zone of selection. According to the petitioner in view of such recommendation of Selection Committee, he has joined the service however he is not being paid salary. According to the respondents, the petitioner was never allowed to join as such, no question arose for payment and when the out-come of the selection committee is void abinitio and the selection committee arrived on the conclusion to give quality point marks on the non-existing facts i. e. on the fact that the petitioner was not B. Ed. . It is well settled that a candidate has to be in possession of required qualification and eligibility at the relevant date and time as required in the advertisement and acquiring degree or qualification beyond the prescribed date does not entitle to be bona fide candidate for the said selection in view of the decision of Supreme Court in (1994) 2 S. C. C. 723, U. P. Public Service Commission v. Alpana.
(3.) AS indicated on behalf of the respondents, in view of the averments made in the counter affidavit that application on behalf of the petitioner was submitted to the management of Govind Intermediate College, Sadat, Ghazipur for allowing the petitioner to join in the service on the basis of the order dated 5-4-1982 passed by the District Inspector of Schools. The District Inspector of Schools after considering the entire facts and circumstances by his order dated 10-10-1980 cancelled the recommendation of the selection committee being null and void and directed for fresh selection in accordance with Rules. In pursuance of the order dated 10-10-1980 the Committee of Management took the steps for the fresh selection and the fresh advertisement was also published and the duly constituted Selection Committee at the relevant time recommended the selection of Mr. Shashidhar Rai which too was approved by the District Inspector of Schools and consequent upon Sri Shashidhar Rai had joined the service as ASsistant Teacher in C. T. grade and was working, however the petitioner submitted an application to the Manager for allowing him to join, since the petitioner was never appointed by the Committee of Management and was never approved by the D. I. O. S. , as such he was not allowed to join the post, therefore, the petitioner is not entitled to any relief as prayed for as contended on behalf of the respondents. I have heard learned counsel for the parties. I find that the petitioner was not in possession of the required qualification on the relevant date and has placed wrong facts that he was B. Ed, and got appointment to the post of Assistant Teacher in C. T. grade in the year 1998 which was declared dying cadre and the said selection by which the petitioner was bonafidely declared approved was set aside being null and void by the then D. I. O. S. . The subsequent selection already conducted had approved another person who was allowed to work. In these circumstances, the petitioner has no right to the post and salary and is not entitled to any relief as prayed for.;