This Special Appeal was dismissed. The Court held that it lacks jurisdiction to decide the equivalence of two post-graduate course degrees, such as the appellant's Applied & Regional Economics degree against the required M.A. (Economics), leaving that determination to the authorities.
The Special Appeal was dismissed.
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Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 23 of 2021
Appellant :- Vivek Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Pradeep Kumar,Nagendra Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application
The application seeking exemption from filing certified copies of the order of the High Court is allowed.
The defect stands cured.
Order on Memo of Appeal
This appeal is directed against the judgment dated 25.11.2020 by which writ petition of the appellant-petitioner was dismissed.
It is a case where appellant-petitioner participated in the recruitment to the post of Lecturer in Economics. He submitted application followed by appearance in the written examination. Appellant-petitioner qualified the written examination but was not permitted to participate in the interview, for want of qualification for the aforesaid post. The required qualification for the post of Lecturer in Economics was indicated in the advertisement and otherwise provided in U.P. Intermediate Education Act, 1921. The said qualification was narrated by the learned Single Judge in his judgment, which is M.A. (Economics) or M.Com. alongwith B.Com. in Economics or three years course of Economics in B.A. Appellant-petitioner was in possession of qualification of M.A. degree in Applied & Regional Economics. The aforesaid was not taken to be equivalent to the qualification provided by the respondents. Learned Single Judge refused to make equivalence of the course finding it to be beyond its jurisdiction in the light of catena of judgments of Supreme Court and of this Court summarize in the case of Asheesh Kumar Vs. State of U.P. [Writ-A No. 6083 of 2020] decided on 11.11.2020. Relevant portion of the judgment indicating that Court should not exercise the jurisdiction for determination of the equivalence of two courses. The writ petition was, accordingly, dismissed.
Learned counsel for the appellant-petitioner has made reference of a certificate issued by the Vice Chancellor and a paper written by the Professor to indicate that M.A. course in Applied & Regional Economics is equivalent to M.A. (Economics).
We have perused the aforesaid documents but do not find comparison of course of M.A. (Economics) with that of M.A. in Applied & Regional Economics. Taking aforesaid into consideration, and as we do not have jurisdiction to decide the issue of equivalence of two courses, the learned Single Judge rightly dismissed the writ petition.
We find no reason to cause interference in the judgment passed by the learned Single Judge.
Appeal, accordingly, fails and is dismissed.
Order Date :- 13.1.2021 Shekhar
2 issues framed by the court
Whether the Hon'ble Court has jurisdiction to determine the equivalence of two different post-graduate degrees.
Whether the appellant's degree in Applied & Regional Economics is equivalent to the requisite M.A. (Economics) qualification.
Colour shows how this judgement treated each authority
Asheesh Kumar Vs. State of U.P.Referred¶11
Asheesh Kumar Vs. State of U.P. [Writ-A No. 6083 of 2020]
Vivek Kumar Singh
State Of U.P.
Munishwar Nath Bhandari
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
