Suneet Kumar, J. - (1.) Heard Sri Anil Tiwari, learned counsel for the petitioner, learned Standing Counsel appearing for the first respondent and Sri Ashish Mishra, learned counsel appearing for the second and third respondent.
(2.) The instant writ petition is directed against the order dated 4 October 2016 passed by the third respondent-District and Sessions Judge, Agra, whereby, services of the petitioner on the post of Junior Assistant has been terminated for the reason that she does not fulfill the minimum qualification. It is further prayed that the circular dated 26 August 2016 issued by the second respondent-High Court, Allahabad be quashed insofar it relates to private institutions imparting diploma in computer course.
(3.) Facts giving rise to the petition, briefly stated, is that the second respondent vide advertisement No. 01/2014 invited applications for Group-C post pursuant to the U.P. Civil Court Staff Centralized Recruitment Scheme, 2014. Pursuant thereof, petitioner applied for the post of Junior Assistant. The appointment on the post of Junior Assistant is governed by the Uttar Pradesh State District Court Service Rules, 2013 (Rules 2013). Schedule-B of the Rules, 2013 provides for the essential qualification for the post in the cadre, which inter alia, mandates that the candidate must possess Course of Computer Concepts 'CCC' certificate issued by the DOEACC Society presently known as National Institute of Electronics & Information Technology (NIELIT). Petitioner has obtained diploma in Computer Application and Information Technology under Kaushal Vridhi Yojna, a one year computer course, being from U.P. Industrial Consultants Ltd. (UPICO) higher qualification in comparison to Course on Computer Concepts i.e. CCC. It is not in dispute that petitioner qualified the written examination and typing test, consequently, she was appointed Junior Assistant vide letter dated 1 October 2015. Petitioner was called upon to show cause by the third respondent vide notice dated 14 September 2016 seeking explanation in respect of her claim for equivalent/ or higher qualification than CCC issued by the DOEACC Society.;