The following appeal petition “Ashish Kumar vs. State of U.P” has been filled at Supreme Court of India against the order passed by High Court judicature at Allahabad (Lucknow bench), Lucknow dated 4th October 2010 dismissing the special appeal of the appellant as well as dismissing judgment of review application of the appellant.
The case of the appellant was represented by learned counsel Shri Mukesh K. Giri and learned Counsel Ajay Kumar Mishra; Additional Advocate General represented State of U.P; the respondent. The case of the appellant was that he applied for the post of “Psychologist” advertised by the Director, Social Welfare Department, and U.P, which held qualification for the post as graduate with Psychology / L.T/B.T.B.Ed. The appellant belonging to OBC passed graduation in Psychology and Post Graduate in Psychology from Kanpur University and also Masters in HRM from Lucknow University, 1997, appeared in the written examination and were declared successful and appeared in the merit list and were called for document verification on 2nd May, 2003. During the document verification the appellant was informed that he was not eligible for the post as he does not fulfill the criterion qualification for the post.
Basing this the appellant filled a special appeal and review application in the high court which the Learned single Judge rejected and the case came to Supreme Court of India of reappeal. The learned counsel for the respondent represented the case saying that the appellant does not behold the said qualification and is not eligible for the post, as the said qualification demands graduation in Psychology with trainee qualification as L.T/B.T.B.Ed. The counsel for the respondent also said that qualification of the appellant was misinterpreted by the respondent due to which the appellant was declared successful, but after verification the respondent corrected their mistake by not going further with the appointment of the appellant and rejecting his candidature.
After considering the submission of both the parties and pursuing the record, the Supreme Court of India held that the parties are at variance with regard to correct import of the advertisement. The Qualification advertised for the post of “Psychologist” was Graduation in Psychology/ L.T/B.T.B.Ed, which clearly denotes that either any candidate having just Graduation in Psychology or having graduation with trainee qualification are duly qualified for the advertised post.
The Supreme Court of India basing the advertisement said the High Court judicature at Allahabad and The State both missed the simple meaning of the advertisement and was wrong on dismissing the appellant’s special appeal and also the review petition. The Supreme Court of India taking precedent “Malik Mazhar Sultan & Anr. Vs. U.P Public Service Commission & Ors.” ordered to appoint the appellant for the post of Psychologist.