ff-!EC-i;,, f— ^ •^•s" ^ Sa,.& A"'" K-s an^iw 1<'1 ^2IT 3TT^?T sn*<ic|) '3^ '<fwwif, aiTil'tf'ie, fawiyy *<I*ICTI a»ii<i» •^200 sn^F i^<n ('pl^i't^) TOIIW ^itei sii^i (Singje IBenchj Honl>!e Mc, Justjce &hirendro Mishra) wj (Petition U/A| Vinoi Age^ Naw4 lRS)No.5623/2008 Vs RESPON6BlffS AAr. PankaJ Shrivastava, Advocjate Mrs. S. 6hai, Panel Lawver forl the 15.10.2008 By this petition the l(a) (i) of the advertisemen'l resoondent No.4 has fixed educational qualification for^ ^l^fc^ft-l '(TR?ff ^f I^Zt' •rf^^$l< ^ sifiOT dii^i 226 of Constitution of India) Kumar Sahu. S/o 5hri Murii Ram Sahu. Aout 23 years, R/o Vil!a9e-Bajarangpur', igaon, Rajnandgaon, Distt. Rajnondgaon (C.6.) 1. ^tate of Chhattisgarh, Through: Secreta-y, Cjepar-tment of Co-operative, D.K.S. Bhawan, A^antralcya, Raipur (CS) 2. Rjegistrar, Co-operative Society, Near i^griculture College, Raipur, C.G. 3. E|istr'ict Co-operative Bank Ltd., Tnrough ^iief Executive Officer, 6.E. Road, R^ajnandgaon, Chhattisgarh. istricf Co-operative Bank Central Bank Ajiaryadit, Head Office, 6.E. Road, l^cynandgaon, Dlstt. ' Rqjnandgaon, Cfihattisgarh. for The petitioner; State. p^titioner has prayed for quashing of Clause dated 16.8.2008 (Annexurs P-1) whereby the eiigibility criteria and prescribed appointment to the post of Cler'k cum ' 'l ?ir^^:fT ?NW ysiuiici^, —FS/197—3/2008 —40,000. XI-HG—78 'S^l •<i|t)i<n^, isiflly'Ko, fsiMi^iy snt'i'^il^ite W SIT^T shKI'ti z' ^irafeqtt •WTCTJ ^ TSTCT ^fgRsre ^sfiTOCT Computer Operator/Bronch M^ager as of graduation in second class from any r'ecognized university alorjg with diploma,of six months in computer- apptication/Pe&CA/BCA/MCA University. Learned counsel for thd graduate from a recoqnized Sraduation &iDloma in Comou ^ .- - - . F known as NAC-MIT Colleqe, recoanized university and col ter AoDlication (PGQCA} from on institute Branch at Eiurq. Course of PGQCA of both are one year course. TH' Dassed P6DCA hcs been af authority concerned, who can from anv institution recoqnized by the Detitioner submits that the Detitioner is a universitv and he is aiso havina Post lege of the petitioner is one and same as e institute from where the Detitioner has filiated bv the t)eoartment of ©enerai Administration, State of ChHattisqarh vicle Annexures P-4, P-5 & P-6. in the advertisement of Annexure P-1 has However, the impuaned claus^ been inserted to favour few. Hettrd. It is settled law that +he terms and conditions of service as also aualifications essential for hcjldinq a particular oost can be fixed by 1+ie ultimately take a decision thereafter. The superior courts while exercisi|i3 their Jurisdiction under Articie 226 or 32 r ;-: aii^r ^i l<-<i* ^rar STT^T sti*ii<=t* 'TS^ •*fw\w^, v9T\\wi<a, hw'uy. 111CTI »*flc|> •Wl 200 sn^T Tt^r ('iqt^i'i'?) of the Constitution of India prescribe c quaiification for hp In the instant case fixed the minimum education advertisement that the sinde candidlate computer application/PSDCA/yA/MCA the university and 1+ie college^ P6DCA ia not recognized from ordlnarily do not direct an employer to ding a particujpr oost. ie employer i.e. respondent No.4, has qualification in Clause 1 (a) (i) of the must haye diDioma of six. months in from an institute recognized by from where the Detitioner has obtained i)iny university, no directton can be issued to the respondents. In the result, the petiti be dismissed and qccordinqty, i' <t)i<(I<i<fl*il *ii*i<"ff ^f Fs'<i <P»it^^ '^i'3(tRffT SFO^T i^in has no substance, the same deserves to is dismissed at the admission staae itself. Sd/- _^—- - —— Dhirendra Mishra Judge