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The case of the petitioner Is that he has passed High School Examination in the year 2010 and thereafter completed three year Diploma Course in Mechanical Engineering (Production) ‘rom Govt. Polytechnic, Ghazipur and passed final examination in the year 2014 in First Division, I is further stated that pursuant to the Advertisement No. 03- Examination-2016 issued by Secretary, Uttar Pradesh Subordinate Services Selection Commission, Lucknow, the Petitioner has submitted application form forthe post of Village Development Officer through online. He has also passed the ‘written examination, physical test and declared successful to appear in the interview, Letter of interview dated 08.03.2018 ‘was issued to the petitioner to appear in interview on 06.04.2018. The documents were verified and his candidature ‘was orally rejected saying that he is not fulfilling the minimum, qualification required for the post of Village Development Officer, Leamed counsel forthe petitioner has also relied upon an order of State Government dated 20.05.2016 by which the necessary amendment was made in Regulation 17(7) of Chapter XII (Examination related General Regulation) framed under the provisions of Intermediate Education Act, 1921 by the Governor exercising his powers given under Section 12(2) of Madhymik Siksha Adhiniyam, Intermediate Education Act, 1921 declaring Diploma ‘equivalent to Intermediate Examination. ‘Leamed counsel appearing for respondent No, 2 has submitted that in the said advertisement, the qualification is clearly mentioned and according to that, a candidate should have minimum qualification of Intermediate Examination with Science or Agriculture or any other examination declared ‘equivalent by the Governor. He has further invited attention of the Court on sub-para 12 of para 15 of the advertisement having instructions issued to the candidates. IC i stated that only those candidates are required to submit the application forms who are fulfilling the essential qualification on the last of submission of pplication form. Last date of submission of application form ‘was 10.02.2016 and petitioner was not having the minimum ‘ualification as required on that date, therefore, he was not Permitted to appear in interview. T have considered the submission made by leamed counsel for {he parties and perused the advertisement as well as letter dated 20.05.2016 relied by leamed counsel for the petitioner. Last date of submission of application form is clearly ‘mentioned at first page of the advertisement and this fact is also -nentioned that only those candidates can submit the application form who have minimum qualification of Intermediate ‘with Science or Agriculture on the last date of submission of application form. This fact is undisputed that on 10.02.2016, the petitioner was not having the minimum qualification’ ie. Intermediate with Science ot Agriculture and he was having the ‘qualification of High Schoo] along with three year diploma, ‘The amendment in the regulation was made only on 20.05.2016 declaring the examination equivalent to Intermediate ‘Examination when the last date of submission of form was over, therefore, the same cannot be given retrospective effect and will be considered with prospective effec. ‘Therefore, under such facts and circumstances of the case, ‘hen this fac is not disputed that on the last date of submission ‘of application form, petitioner was not fulfilling minimum ‘alification, no relief can be granted to the petitioner. ‘The writ petition lacks merit and is, accordingly, dismissed. Order Date :-2.5,2018 Smtaj

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