All HC | Review application allowed as petition was dismissed without examining relevant qualifications

Allahabad High Court: This petition was filed before the Bench of Ashwani Kumar Mishra, J., where the decision of the U.P. Secondary Selection Service Board, Allahabad was challenged whereby applicant for appointment to the post of Assistant Teacher (Tailoring) was held to be ineligible due to lack of required qualification.

The regulation had specified the qualification for appointment to the post of Assistant Teacher for Tailoring in High School. The qualification was in two parts i.e. ‘A’ and ‘B’ and there was no word used as ‘or’ between the two. Taking note of this fact, a previous Writ Petition was dismissed. An application for review was filed in that writ petition, which was allowed. Petitioner submitted that qualification as mentioned was subject to condition that exemption could be granted from obtaining training which meant only qualification of High School pass was required. Submission was that unless ‘or’ is read between clause ‘A’ and ‘B’ the very prescription of qualification would be rendered meaningless.

High Court found that when the writ petition was dismissed, the relevant part of qualification i.e. clause ‘B’ and other contention of petition were not examined. Therefore, the review application was allowed stating the matter requires consideration. [Hari Shanker v. State of U.P., 2019 SCC OnLine All 77, order dated 18-01-2019]

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