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Supreme Court of India 2018-01-31 allowed

Ashish Kumar vs State of Uttar Pradesh & Ors

Bench: 2 — Ashok Bhushan

In Brief

A postgraduate in Psychology applied for the post of Psychologist in the State of Uttar Pradesh and was selected based on the written examination and merit list. However, at the document verification stage, he was denied appointment on grounds that he lacked the L.T./B.T.B.Ed. qualification. The Supreme Court held that the advertisement used slash notation ('Graduate/L.T./B.T.B.Ed.') to indicate alternative qualifications, not cumulative ones. The statutory rules also prescribed M.A. in Psychology as the essential qualification with B.Ed. only as preferential. The appellant satisfied the statutory requirement, and his selection created an enforceable right to appointment. The Court allowed the appeal and directed the State to issue an appointment order within two months.

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