Anand Kumar Gupta Vs State of U.P. Thru. Addl. Chief Secy. Finance Lko. and Ors.

Heard Mr. Amrendra Nath Tripathi learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1 and 2, Mr. Jogendra Nath Verma learned counsel appearing on behalf of opposite party No. 3 and Mr. Savitra Vardhan Singh learned counsel appearing on behalf of opposite party No. 4. However in view of the order proposed to be passed, notice upon opposite party No. 5 stands dispensed with on account of the fact that is merely proforma party.

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Mr. Jogendra Nath Verma learned counsel appearing on behalf of opposite party No. 3 on the basis of instructions submits that as the section pertains to the year 2016 and as of now Commission has become functous officio.

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The present writ petition has been filed seeking a direction to the opposite party No.3 for considering 'O' Level Computer Certificate of the petitioner pertaining to the year 2010-11 in the Combined Assistant Accountant and Auditor General Recruitment Competitive Examination 2016. A further relief has been sought for consideration of the candidature of the petitioner for the post of Assistant Accountant and Auditor General (Group 'A') on the basis of the aforesaid 'O' Level Computer Certificate and for commanding the Chhatrapati Sahuji Maharaj University, Kanpur to recognize the aforesaid 'O' Level Computer Certificate.

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As per the contents of the writ petition an advertisement was issued by the

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WRIA No. 24043 of 2021

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opposite party No.3 for appointment on the post of Assistant Accountant and Auditor General (Group 'A') in which one of the qualifications required was for the applicant to have cleared 'O' Level Computer/Diploma Level. In pursuance of the aforesaid advertisement, the petitioner had applied but despite having been declared successful in the written examination was considered for the interview and at the time of document verification not considered on account of some confusion with regard to the 'O' Level Computer Certificate submitted by him. The confusion with regard to the said certificate occurred on account of the fact that the Akbarpur Degree College, Akbarpur, Kanpur which issued the aforesaid certificate through the agency T.G. Softtech, Kanpur was apparently eligible to issue the said certificate only up to the years 2008-09 and thereafter for the year 2013-14 but apparently not for the year 2010-2011. On account of the aforesaid fact, the Chhatrapati Sahuji Maharaj University Kanpur by means of letter dated 27th July, 2018 informed the said fact to the opposite party No.3 on account of which the candidature of the petitioner was not considered and rejected vide impugned order dated 15th June 2021.

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During pendency of the present writ petition, the counter affidavit dated 28th January, 2023 on behalf of the opposite party No. 4 the concerned Chhatrapati Shahuji Maharaj University Kanpur has been filed in which the office order dated 21st May, 2011 has been annexed as C.A.5 clearly indicating that the T.G. Softtech Kanpur and Akbarpur Degree College, Akbarpur, Kanpur was fully competent to issue the aforesaid 'O' Level computer certificates which were therefore valid. In paragraph 8 of the aforesaid counter affidavit it has been stated that the T.G. Softtech Kanpur had submitted an application before the Registrar of the University for conducting the 'O' Level Computer Course Examination which was considered and by means of the order dated 20th May, 2011 approval had been granted.

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On account of the aforesaid office order dated 21st May, 2011, it is now apparent that the 'O' Level Computer Certificate issued to the petitioner was perfectly valid and therefore the petitioner's candidature for the post in question should have been considered. A copy of the aforesaid order dated 21st May, 2011 had been made available to the counsel representing the U.P. Subordinate Services Selection Commission.

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In view of the aforesaid facts, the writ petition is allowed with a direction

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WRIA No. 24043 of 2021

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to the opposite parties 2 and 3 to consider the candidature of the petitioner for the post of Assistant Accountant and Auditor General (Group 'A') in the ongoing selection process.

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October 31, 2025 prabhat

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(Manish Mathur,J.)

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Anand Kumar Gupta v. State of U.P. Thru. Addl. Chief Secy. Finance Lko. and Ors.

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Anand Kumar Gupta v. State of U.P. Thru. Addl. Chief Secy. Finance Lko. and Ors.

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