बी सी ए डिग्री पर विवाद , सरकारी पक्ष ने कहा की याची ने बी सी ए में साइंस विषय की पुष्टि नहीं की थी ,
कोर्ट ने प्रोफेशनल डिग्री के अंदर गणित /विज्ञानं विषय की जांच सरकार पर छोड़ी (सत्येंद्र की रिट के अनुसरण में )
BCA DEGREE ISSUE :
COURT LEAVES MATTER IN THE HAND OF GOVT TO DECIDE PROF DEGREE CONTAINS SCIENCE/MATH OR NOT (ACCORDING TO SATYENDRA WRIT)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 63422 of 2015
Petitioner :- Ram Murati
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Siddharth Khare,A. Khare
Counsel for Respondent :- C.S.C.,Ashok Kumar
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner was a candidate for the appointment on the post of Assistant Teacher in a Senior Basic School run by the U.P. Board of Basic Education in pursuance of the advertisement dated 11.7.2013, whereby applications were invited for 29334 posts of Assistant Teacher. It is stated that the petitioner belongs to Scheduled Caste Category and he got his Bachelor of Computer Application (for short BCA) Degree from Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal in the year 2005 as a regular student.
Learned Senior Counsel has drawn the attention of the Court to a judgment of this Court passed in the batch of writ petition the leading one being Writ -A No. 57476 of 2013 (Shiv Kumar Pathak and 11 others v. State of U.P. and 3 Others), wherein this Court has held that a incumbent having graduation in profession course is also eligible for the appointment. The relevant paragraph of the said judgment reads as under :-
"73. I find basic submission absolutely fallacious and misconceived. Though degrees of B.Sc.(Agriculture, B.Tech., B.C.A., B.B.A., BUMAs, MHMUS and B.Pharma etc. provide education in certain fields making the incumbents professional in a particular aspect, and therefore, theyare called "professional course", but it cannot be doubted at all that these all are bachelor degrees and, therefore, those, who possess these qualifications, are graduates in those disciplines. It, thus, cannot be said that when requirement is graduation, profession courses can be excluded. It is nothing but reading something which is not provided in the Rules, which, in my view, is neither permissible nor there is any compulsion to do so. In view thereof, the writ petition, in my view lacks merits and deserves to be dismissed."
The same judgement has been followed by this Court in Writ-A No. 39466 of 2014 (Satyendra Kumar Singh and 4 Others v. State of U.P. Thru Secy, And 3 Others). The relevant paragraph 9 of the said judgment reads as under:-
"9. In my view , this is a factual dispute and cannot be examined by this Court, at this stage, since it requires investigation of an individual case of the candidates called for counseling. Let this examination be made by the concerned authorities at the time of counseling or in any case before making appointment. I leave it open to petitioners to raise this plea before the respondents. Further, I direct the Competent Authority to examine the eligibility of each and every candidate possessing professional course degree as to whether, he is eligible in terms of advertisement or not, i.e., whether Science and Mathematics was one of the subject in graduation course, and, thereafter only it will allow counseling. In any case the same exercise would be done by the Competent Authority before appointment, if not already done, at the time of counseling and no person ineligible shall be appointed."
Learned Senior Counsel has drawn my attention to the statement of marks obtained by the petitioner in his professional degree i.e. BCA to establish that the said course� included the Science subject and it is the integral part of the syllabus of BCA.
Learned counsel for the respondent has received instructions, it is taken on record. On the basis of instructions, he submits that the petitioner has not produced any evidence of his professional course that Science was one of the subject in his professional course.
Having heard learned counsel for the parties, it is directed that the writ petition is finally disposed of with a direction to the District Basic Education Officer, Banda to consider the cause of the petitioner in the light of the aforesaid� judgement passed in Writ-A No. 39466 of 2014 (Satyendra Kumar Singh and 4 Others v. State of U.P. Thru Secy, And 3 Others), within six weeks from the date of receipt of a certified copy of this order. The petitioner is at liberty to file� documents in support of his case.
With the aforesaid observations and order, writ petition is finally disposed of.
No order as to costs.
Order Date :- 10.3.2016
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