Dr. Raj Kumar vs The State of U.P. And Others

Learned Standing Counsel has accepted notice on behalf of respondent no.1, Shri Gautam Baghel, for respondent no.2 and Shri Yaswant Verma for respondent no.3.

Respondents may file counter affidavit within two weeks. The petitioner will have a week time thereafter to file rejoinder affidavit.

List on 30.11.2011.

The petitioner had applied for the post of Lecturer in biochemistry. His candidature has been rejected on the ground that he does not possess the essential qualifications. According to the petitioner, he is M.Sc in Biochemistry and also Ph.D in the same subject from medical university and as such he has the requisite qualifications.

Learned counsel for the petitioner has placed reliance upon a Division Bench judgment of this Court in the case of Dr. (Mrs) Shagupta Moin and Another Vs. Aligarh Muslim University and Others, , wherein similar question was involved and this Court has held that the qualification as that of the petitioner would be equivalent to the qualification required under the advertisement. It is further contended that interview for the post in question is scheduled to be held tomorrow i.e. on 9.11.2011 and in case no interim order is granted, the petitioner shall suffer irreparable loss.

Considering the facts and circumstances of the case and keeping in view the aforesaid submission of the learned counsel for the petitioner, it is provided as an interim measure that the petitioner shall be provisionally permitted to appear in the interview before the Interview Board of the U.P. Public Service Commission, scheduled to be held tomorrow i.e. on 9.11.2011. However, the result of the petitioner shall not be declared till the next date of listing.

Let certified copy of this order be issued to the learned counsel for the parties today on payment of usual charges.