Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) BY means of this writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 10.10.1995 passed by the General Manager, District Industries Centre, Muzaffarnagar appended as Annexure-10 to the writ petition besides a writ of mandamus commanding the respondents not to interfere in the working of the petitioner as Urdu Translator-cum-Junior Clerk under respondent No. 3 and pay his salary of the post Urdu Translator-cum-Junior Clerk month to month with arrears of salary w.e.f. 20.5.1995. The petitioner was Urdu Translator-cum-Junior Clerk in the District Industries Centre, Muzaffarnagar. He was appointed on the post of Urdu Translator-cum-Junior Clerk by the General Manager, District Industries Centre, Muzaffarnagar, vide order dated 20.5.1995. It appears that vide order dated 24.6.1995, the services of the petitioner were terminated on the ground that the State Government has fixed minimum qualification for the post to be Intermediate from the U. P. Board with Urdu subject which the petitioner is alleged to have not possessed. The said impugned order is as under : ...[VERNACULAR TEXT OMMITED]... From the record it appears that an advertisement dated 25.9.1994 was issued inviting applications for appointment on 79 posts of Urdu Translator-cum-Junior Clerk for which the qualification was Intermediate Examination from the Board of High School and Intermediate Education, U. P., Allahabad with Urdu as one of the subject, or any other higher examination with Urdu as one of the subjects recognized by the State Government. It was further provided under a note that the certificate of Adeeb-e-Kamil from Zamia Urdu, Aligarh has been recognized by the State Government as equivalent to B.A. The qualification as required in the aforesaid advertisement is as under : ...[VERNACULAR TEXT OMMITED]...
(3.) THE State of U. P. has framed rules known as Uttar Pradesh Urdu Translator-cum-Junior Clerk Service Rules, 1994 (hereinafter referred to as the Rules). THE qualification for appointment of a direct recruit is provided under Rule 11 of the Rules which are as under : 1. Intermediate Examination with Urdu as one of the subjects of the Board of the High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto, or (ii) any higher examination recognized by the Government with Urdu as one of the subjects. Note.-Clause (1) of Appendix 2 of the aforesaid rules provides that the State Government has recognized Adeeb-e-Mahir certificate of Zamia Urdu, Aligarh as equivalent to the Intermediate and the certificate of Adeeb-e-Kamil as equivalent to B.A. The petitioner submits that he has qualified the Adeeb-e-Kamil certificate of Zamia Urdu, Aligarh which is recognized by the State Government as equivalent to B.A. and as such he possesses higher qualification as contemplated in Rule 11 (ii).;