IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1505 of 2005 (S/S) Veena Joshi W/o Shri Harish Chandra Joshi R/o Danya, P.O. Danya, District Almora. ...…………. Petitioner Versus 1. State of Uttaranchal through Secretary of Education, Dehradun. 2. Director of Education, Dehradun. 3. The Joint Director of Education Kumaon Region, Nainital. ...…………. Respondents Mr. Abdul Wahid, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus, commanding the respondent No. 3, to give appointment to the petitioner on the post of Assistant Teacher, L.T. Grade (Biology). A further writ has been sought directing the respondents to consider M.Sc. Zoology as equivalent to M.Sc. Animal Science. 2 2) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit, on record. 3) Brief facts of the case are that the petitioner, in pursuance to the advertisement dated 22.10.2004, applied for the post of Assistant Teacher, L.T. Grade (Biology) for the Kumaon Region, under the female category. The petitioner has stated in the writ petition that she has an excellent academic record and her quality point marks are 81.12, while the last candidate selected obtained 79.72 quality point marks. It is further stated in the writ petition that the petitioner’s postgraduate degree in Animal Science was not considered in awarding her quality point marks. The petitioners’ case is that M.Sc. in Zoology is equivalent to M.Sc. in Animal Science. Hence, this writ petition. 4) In the counter affidavit filed on behalf of the respondents it has been stated that the petitioner did not fulfill the qualification for the post of Assistant Teacher, L.T. Grade (Biology), as in her graduation she did not had Botany as a subject. 5) In the rejoinder affidavit the petitioner has reiterated the averments made in the writ petition and stated that Zoology is nothing but the science of animal life. 3 6) The relevant provision contained in Rule 8 of the U.P. Subordinate Education (Trained Graduate Grade) Service Rules, 1983, requires degree of M.Sc. in Zoology or M.Sc. in Botany as essential qualification. It further requires B.Sc. degree with Zoology and Botany as subject from the University established by law in India. Also, L.T. Diploma of training college is also required for said post. Perusal of the annexures annexed with the writ petition shows that the petitioner has passed B.Sc. from Rohilkhand University with Zoology and Chemistry, as subjects. A marksheet of the III year of the B.Sc., which is annexed with the aforesaid writ petition, shows that there is no mention of Botany as a subject in the B.Sc. The petitioner has not filed any document showing that she had studied Botany as a subject in B.Sc. Therefore, it cannot be said that the petitioner was qualified for the post of Assistant Teacher, L.T. Grade (Biology), as per the rules prescribed. 7) As far as the question whether postgraduate degree in Animal Science is equivalent to Masters degree in Zoology is concerned, it is for the experts to decide it after examining the subjects taught in the two courses. Where a University grants degree of M.Sc. in Zoology as well as in Animal Science, it is doubtful that the two degrees are equivalent. Apart from this, unless and until the Government recognizes Masters 4 degree in Animal Science as equivalent to Masters degree in Zoology, the authorities who are conducting recruitment cannot treat it same, under the rules. 8) For the reasons as discussed above, this Court is not inclined to grant the relief, sought by the petitioner. Accordingly, the writ petition is dismissed. (Both Interim Relief Application No. 12797 of 2006 as well as Delay Condonation Application No. 4932 of 2009, for condoning the delay in filing the supplementary counter affidavit on behalf of respondent No. 3, stand disposed of). (Prafulla C. Pant, J.) Dt. November 23, 2009. H. Negi 5