WPSS/1493/2019 of ANOOP SINGH Vs STATE OF UTTARAKHAND

include B.Lib qualification in Appendix-II to the Rules so that they may also be considered for appointment. Paragraph nos. 9 to 12 of the said judgment, are extracted below for ready reference:- “9. Learned counsel for the petitioners has relied upon judgment rendered by Hon’ble Supreme Court in the case of Jyoti K.K. & others Vs Kerala Public Service Commission & others reported in (2010) 15 SCC 596. The said judgment, however, is distinguishable on facts, in view of the provision contained in the relevant service rules, which has been extracted in para 6 of the said judgment. In that case, the service rules provided that “Notwithstanding anything contained in these Rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to qualification specified for post in the Special Rules and such of those higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post”.

10. In the present case, service rules simply provide the essential qualification as Diploma in Library Science, therefore, the said judgment is of no help to the petitioners. Division Bench in Special Appeal No. 566 of 2017 and other connected appeals has held that when the service rules require Diploma in particular subject; one possessing Bachelor’s Degree in Computer Science will not be eligible. Paragraph no. 59 of the said judgment is extracted below:

“59. The learned Single Judge dismissed the writ petition holding that the writ petitioner is not having the requisite qualification. The learned Single Judge, in fact, referred to Surendra Kumar & another vs. State of Uttarakhand, reported in 2015 (1) UD 163 and repelled his argument that he is having higher qualification. From the judgment, it is not made out that the writ petitioner has pressed his challenge to the Rule. It would also appear that there is no ground taken in the appeal memorandum regarding challenge to the Rule. That apart, he cannot also, in law, raise such contention for the reason that he has participated pursuant to the Advertisement, where the qualification was prescribed and he approaches the Court only at stage, where his application has been rejected. Therefore, having participated, he cannot, certainly, be permitted to call in question the qualification. As far as the qualifications go, it is quite clear that he does not possess Diploma in Computer Science, as provided in the Rule. The fact that he has got Bachelor's Degree in Computer Science as well as Master's Degree in Computer Science would not be sufficient in view of the discussion, which we have had in the earlier part of this judgment, and the law, which has been laid down in State of Punjab vs. Anita (supra) and Prakash Chand Meena vs. State of Rajasthan (supra). In the light of this, the appeal filed by the writ petitioner is only to be dismissed.” 11. It is settled position in law that for appointment to post, candidate must possess the basic qualification provided in the rules. The basic qualification for the post of