Ashwani Kumar Mishra, J. - (1.) Uttar Pradesh Subordinate Service Selection Commission, Lucknow, had initiated recruitment process vide Advertisement No.12/2016 for filling up 1917 post of Assistant Accountant; 255 post of Auditor; and 702 post of Assistant Treasury Accountant in different departments of the State of Uttar Pradesh. The advertisement in Table-3 provided for educational qualification to be possessed by a candidate for the post. Since the dispute in this petition is restricted to the post of Assistant Accountant, as such, the qualification for such post alone needs to be examined. The qualification as per the advertisement reads as under:- TABLE NOT FOUND
(2.) The recruitment is otherwise governed by the provisions of the U.P. Government Department Subordinate Accounts Cadre (Non-Gazetted) Service Rules, 2014. These rules have been framed by the Governor exercising his power under the proviso to Article 309 of the Constitution of India. Part-IV of the rules prescribes the qualification for the different posts. Rule 10 is relevant for the present purposes and is reproduced hereinafter:- "10. A candidate for direct recruitment to the post of Assistant Accountant in the Service must possess the following qualifcations: (i) Bachelor's Degree in Commerce from a University established by law in India or a Post Graduate Diploma in Accountancy from a University or Institute recognized by the Government. (ii) 'O' level Diploma in computer operation from an Institute recognized by the Government."
(3.) Requirement of possessing 'O' level diploma in computer operation from an institute recognized by the Government is an essential educational qualification for the post in question.;