Sachin Kumar v. State of Uttarakhand and others

Judgment

(per SUBHASH UPADHYAY, J.) This intra court appeal is directed against the judgment and order dated 14.11.2025, passed by learned Single Judge in Writ Petition No. 1839 (S/S) of 2025, whereby the writ petition filed by the appellant/petitioner was dismissed.

2. The appellant participated in the selection process conducted by the Uttarakhand Public Service Commission for filling up the post of Foreman Instructor. His candidature was rejected vide order dated

29.10.2025 by the selecting body on the ground that the appellant does not possess the requisite educational qualification for the post of Foreman Instructor. The 1 advertisement was issued on 20.10.2023 providing the following educational qualification for the post of Foreman Instructor: “4. visf{kr 'kSf{kd vgZrk,a%& ¼i½ vfuok;Z vgZrk %& “¼,d½ ek/;fed f'k{kk ifj"kn] mÙkj çns'k/mÙkjk[k.M dh b.VjehfM,V ijh{kk ;k ljdkj }kjk mlds led{k ekU;rk çkIr dksbZ ijh{kk mÙkh.kZ gksuk vko';d gSA ¼nks½ çkfof/kd f'k{kk ifj"kn] mÙkj çns'k/mÙkjk[k.M ls flfoy/;kaf=d/fo|qr/ bysDVª‚fuDl / dEI;wVj/jsQjhtjs'ku vkSj ,;j dUMh'kfuax/v‚VkseksckbZy bUthfu;fjax esa fMIyksek ;k ljdkj }kjk mlds led{k ekU;rk çkIr dksbZ vgZrk gksuk vko';d gSA ¼rhu½ fdlh [;kfr çkIr vkS|ksfxd çfr"Bku ;k laLFkku esa nl o"kZ dk v/;kiu ;k dk;Z vuqHko gksuk vko';d gSA^^

3. The above referred qualification for the post of Foreman Instructor requires that a candidate should have passed the intermediate examination conducted by the Secondary Education Board U.P./Uttarakhand or any qualification declared as equivalent by the State Government and should also be having diploma in relevant trade. Thus, a candidate should be having the following qualification: “(i) Intermediate Secondary Education Board U.P./Uttarakhand or any qualification declared as equivalent thereto by the State Government; (ii) Diploma in Civil/ Mechanical/ Electrical/ Electronics/ Computer/ Refrigeration and Air Conditioning/ Automobile Engineering from Technical Education Board U.P./ Uttarakhand or any other qualification declared as equivalent thereto; and (iii) Teaching or work experience of ten years from a well known institute or industrial establishment.” 2

Learned counsel for the appellant submits that the petitioner/appellant possesses following educational qualifications: “(i). High School from Uttarakhand Education Board, Ramnagar. (ii). Three years diploma in Mechanical Engineering from the Government Polytechnic, Kashipur. (iii). B.Tech. (Mechanical) from the Uttarakhand Technical University.”

5. Learned counsel for the petitioner/appellant further submits that the appellant who possesses the requisite educational qualification and work experience submitted his online application form and appeared in the written examination held on 07.08.2025 and qualified the exam and his name was included in the list of candidates who were declared successful in the Foreman Instructor Examination, 2023; petitioner/appellant was called for documents verification on 28.10.2024 and vide Office Memorandum dated

27.05.2025, the appellant was asked to submit the evidence that the work experience certificate issued by the establishment in his favour is recognized with any Government Body; that the appellant submitted the necessary documents on 04.06.2025 regarding the work experience in favour of the appellant; that the list of ineligible candidates was issued on 12.09.2025, in which, 3 the name of the appellant was included at serial no. 10 and it was mentioned that the appellant does not possess the essential educational qualification of having passed intermediate examination from Secondary Board from U.P./Uttarakhand or any other equivalent qualification recognized by the State Government; that the appellant and other candidates were given an opportunity to file a representation against the said decision and representation was submitted by the appellant to the selecting body on 16.09.2025 specifying that the State Government had issued the notification on 17.03.2025, whereby the State Government has clearly held that the three years diploma from polytechnic after completing High School is equivalent to intermediate examination; that the selecting body rejected the claim of the petitioner/appellant on 29.10.2025, against which, a writ petition was filed by the petitioner/appellant which was dismissed on 14.11.2025; that challenging the order passed in writ petition instant Special Appeal has been preferred.

6. Learned counsel for the appellant contends that the appellant was having the qualification of High School with three years diploma from polytechnic which is equivalent to the intermediate qualification and he is also having the degree in the relevant field, as such, his 4 case has been wrongly rejected and the learned Single Judge erred in dismissing the Writ Petition filed by the petitioner/appellant as the recruiting body cannot determine the educational qualifications as it is for the employer/State Government to decide qualification, whose decision in such regard is final. Learned counsel further submits that in the State of Uttarakhand there exists Equivalence Committee, which is empowered to determine the question of equivalence, in case there is any dispute with regard to the educational qualification. However, in the present case the State Government, i.e., the employer had itself vide order dated 17.03.2025 by amending the rules has provided the qualification of 10th pass and three years diploma from polytechnic as equivalent qualification to the intermediate examination.

7. Per contra, learned counsel for the State and counsel for the Uttarakhand Public Service Commission submit that the appellant was not having requisite qualification of intermediate and diploma, as such, his case was rightly rejected by the selecting body and they support the judgment and order dated 14.11.2025 passed by learned Single Judge on the ground that the equivalence granted by the State Government on

17.03.2025 was at a later stage than the issuance of the 5 advertisement. Learned counsels further submit that even if the qualification of High School and three years diploma is treated to be equivalent to intermediate qualification even then appellant would be lacking the educational qualification of diploma which is also an essential qualification.

8. In reply, learned counsel for the appellant submits the petitioner/appellant is having qualification of High School and three years diploma which is equivalent to intermediate and is also having the B.Tech. degree, as such, he is in possession of higher qualification requisite qualification and moreover, his case has been rejected by the selecting body only on the ground that the petitioner is not having the essential qualification of intermediate.

9. Having heard learned counsel for the parties, we are of the considered view that the learned Single Judge erred in rejecting the claim of the appellant as the question of equivalence can be determined by the State Government/employer and the selecting body has no authority to determine the question of equivalence and as to whether a particular qualification should or should not be regarded as equivalent is a matter State/employer as a recruiting authority to determine. 6

10. The Hon’ble Apex Court in the case of Zahoor Ahmad Rather vs. Sk. Imtiyaz Ahmad, (2019) 2 SCC 403; and Unnikrishnan CV v. Union of India, (2023) 18 SCC 546 and Shifana P.S. v. State of Kerala, 2012 SCC Online Ker 24735, has held that the decision of the employer with regard to educational qualification or its equivalence is final and whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine.

11. In view of the above, the Special Appeal is allowed. The judgment and order dated 14.11.2025, passed by the learned Single Judge in Writ Petition 1839 (S/S) of 2025, is set aside and the writ petition filed by the appellant is allowed. The impugned rejection order dated 29.10.2025 passed by the Uttarakhand Public Service Commission is quashed. (G. NARENDAR, C.J.) (SUBHASH UPADHYAY, J.) Dated: 11.12.2025 Kaushal 7