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Ayodhya Prasad Vs. Public Service Commission and anr.

Ayodhya Prasad vs Public Service Commission and anr.

Disposition Writ petition dismissed Court Allahabad Decided Apr 18, 2002
~1 min read
https://sooperkanoon.com/case/482032

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
C.M.W.P. No. 30049 of 2000
Subject
Service
Disposition
Writ petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Service - selection - petitioner appeared in the written examination conducted by U.P.S.C - he was not called for an interview - experience required as an essential condition - his teaching experience not accepted by U.P.S.C - part time lectureship cannot be considered for purpose of experience - held, selection ca...

Key legal issue
Service
Outcome / disposition
Writ petition dismissed
Acts & sections
Constitution of India - Article 141

Parties & Advocates

Appellant / Petitioner

Ayodhya Prasad

Advocate Nigamendra Shukla, Adv.

Respondent

Public Service Commission and anr.

Advocate S.C.

Legal References

Acts
Constitution of India - Article 141
Cases Referred
Dr. Asim Kumar Bose v. Union of India.
Reported In
2002(3)AWC2468

Excerpt

service - selection - petitioner appeared in the written examination conducted by u.p.s.c - he was not called for an interview - experience required as an essential condition - his teaching experience not accepted by u.p.s.c - part time lectureship cannot be considered for purpose of experience - held, selection cannot be made-petition dismissed. - m. katju and rakesh tiwari, jj.1. this writ petition has been filed for a mandamus directing the u. p. public service commission to call the petitioner for interview for the post of lecturer. the commission advertised the post by means of advertisement dated 21.12.1998. the petilioner applied for the post and appeared in the main examination in the year 1999 but was not called for interview. 2. aggrieved petitioner has filed this petition. 3. a counter-affidavit has been filed by the commission. in paragraph 4 of the same, it is stated that petitioner was ineligible as he was only part-lime lecturer. the teaching experience certificates of the petitioner was checked and it was found that he was only teaching as part-time lecturer. 4. in tulsi ram v. state of u. p., 1998 (3) awc 2.165 (noc) : 1998 (3) esc 1617, it has been held in paragraph 36 that teaching experience of part-time teachers cannot make them eligible for appointment. 5. learned counsel for the petitioner has relied on the supreme court decision in dr. asim kumar bose v. union of india. 1983 (1) scc 345. 6. this was not a case of lecturer of an intermediate college and hence it is distinguishable. 7. following the decision in tulsi ram's case (supra) this writ petition is dismissed.

Full Judgment

M. Katju and Rakesh Tiwari, JJ.

1. This writ petition has been filed for a mandamus directing the U. P. Public Service Commission to call the petitioner for interview for the Post of Lecturer. The Commission advertised the post by means of Advertisement dated 21.12.1998. The petilioner applied for the post and appeared in the main examination in the year 1999 but was not called for interview.

2. Aggrieved petitioner has filed this petition.

3. A counter-affidavit has been filed by the Commission. In paragraph 4 of the same, it is stated that petitioner was ineligible as he was only part-Lime Lecturer. The teaching experience certificates of the petitioner was checked and it was found that he was only teaching as part-time Lecturer.

4. In Tulsi Ram v. State of U. P., 1998 (3) AWC 2.165 (NOC) : 1998 (3) ESC 1617, it has been held in paragraph 36 that teaching experience of part-time teachers cannot make them eligible for appointment.

5. Learned counsel for the petitioner has relied on the Supreme Court decision in Dr. Asim Kumar Bose v. Union of India. 1983 (1) SCC 345.

6. This was not a case of Lecturer of an Intermediate College and hence it is distinguishable.

7. Following the decision in Tulsi Ram's case (supra) this writ petition is dismissed.

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