The Lucknow bench of the Allahabad High Court has overturned a single judge order and said that ‘O’ level certificate in computers from DOEACC/NIELIT society is not equivalent to BTech (computer science), BSc (computer science) or BCA.
The order came as a setback for those candidates, who had applied for appointment against 136 posts of sub-inspector (confidential), 303 posts of assistant sub-inspector (ministerial) and 170 posts of assistant sub-inspector (accounts) pursuant to December 26, 2016 advertisement.
Pronouncing the judgment, a division bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh said, “Once the statutory rules prescribe for having ‘O’ level certificate from a particular institute, the single bench could not substitute its own view, by exercising judicial review, to hold that the higher qualification would certainly include the ‘O’ level certificate issued by DOEACC/NIELIT.”
The division bench further observed, “We, therefore, hold that the single judge has wrongly held that higher qualification held by the respondent candidates would be inclusive of ‘O’ level certificate and, hence, the finding of the single judge that the respondent candidates met the essential eligibility condition, is not correct.”
The division bench passed the order allowing a bunch of special appeals preferred by the state government against the single bench order of March 26, 2021.
Arguing for the state government, additional chief standing counsel Uday Veer Singh had pleaded before the division bench that the single bench order of March 26 was against the finding of other benches, which had already held that if a particular qualification was required in an advertisement, the courts cannot substitute or add to such qualification.
Earlier, the candidates had pleaded that since they had a higher level of education than prescribed in the advertisement, they should be permitted to appear in the process of selection.
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The single bench had on March 26 accepted their plea but in appeal the division bench has overturned the single bench order which declines such candidates from participating in the selection process.
National Institute of Electronics and Information Technology (NIELIT), (erstwhile Department of Electronics and Accreditation of Computer Courses — DOEACC society), an autonomous scientific society under the administrative control of the Union ministry of Electronics and Information Technology was set up to carry out human resource development and related activities in the area of Information, Electronics and Communications Technology (IECT).
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NIELIT is engaged both in formal and non-formal education in the area of IECT besides development of industry oriented quality education and training programmes in the state-of-the-art areas.