Allahabad High Court

KOPAL BHARTIYA AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 22 September 2026
Bench: SIDDHARTH NANDAN

Holding

The Court held that the 2024 Service Rules prescribe the sole qualifications for the post and do not allow consideration of equivalent degrees, rendering the petitioners ineligible and precluding any relief.

Summary

The petitioners applied for the post of Assistant Teacher (Computer) but were rejected on the ground that they did not possess the prescribed qualification of B.Tech/B.E. in Computer Science or its listed equivalents. They contended that a B.Tech in Information Technology should be treated as equivalent to B.Tech in Computer Science because of its similar curriculum. The respondents relied on the Uttar Pradesh Subordinate Education (Trained Graduate Category) Service Rules, Sixth Amendment 2024, which expressly prescribe the eligible qualifications and abolish any consideration of equivalent degrees. The Court noted that the rules, enacted under Article 309 of the Constitution, are the governing law and that the judiciary cannot act as an academic expert to determine degree equivalence. Consequently, the petitioners were found ineligible under the advertisement and the Court declined to grant any relief, consigning the writ petition to the record.

Issues considered

Whether a B.Tech in Information Technology can be treated as equivalent to a B.Tech in Computer Science for the purpose of eligibility under the recruitment advertisement.
Whether the High Court can determine the equivalence of educational qualifications in the absence of a statutory provision.
Whether the petitioners satisfy the eligibility criteria prescribed in the Uttar Pradesh Subordinate Education (Trained Graduate Category) Service Rules, Sixth Amendment 2024.

Legislation cited

Constitution of India — s. Article 226, Article 309 (proviso)
Uttar Pradesh Subordinate Education (Trained Graduate Category) Service Rules, 1983 (Sixth Amendment, 2024)

Subjects

eligibility
equivalence of degrees
service rules
recruitment
assistant teacher
computer science
constitutional law
writ petition
Article 226
Article 309

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 12563 of 2026

Kopal Bhartiya and 7 others
…..Petitioner(s)

Versus

State of U.P. and 3 others
…..Respondent(s)

Counsel for Petitioner(s) : Kranti Kiran Pandey
Counsel for Respondent(s) : C.S.C., Mahendra Narain Singh
A.F.R.
Court No. - 6

HON'BLE SIDDHARTH NANDAN, J.

1. Heard Sri Kranti Kiran Pandey, learned counsel for the petitioners,
Sri Sanjay Kumar Om, learned counsel for the Commission and Sri
Saurabh, learned Standing Counsel for the State-respondents.
2. In pursuance of the order dated 14.08.2026, a supplementary in
personal affidavit has been filed, which is taken on record.
3. The present writ petition was filed by a candidate, whose
candidature was rejected on the ground that he did not possess the
requisite qualification for the post of Assistant Teacher (Male/Female)
(Computer), for which the following qualification was prescribed in the
advertisement:-

6. Assistant Teacher (1) B.Tech/B.E. (Computer Science) from a
(Male/Female) Computer University/Deemed University/Institution
established by law in India.
Or
Graduate in Computer Science
2
WRIA No. - 12563 of 2026

or
Graduate in Computer Application
OR
Graduation degree along with 'A' Level course
from NIELIT
OR
B.Tech. (Graduation in Computer Science) and
MCA (Post Graduation in Computer Science)
(2) Degree of Graduation in Education (B.Ed.)
in a course recognized by NCTE in India as
preferential qualification.
7 Assistant Teacher (1) Graduation degree with Urdu as a subject
(Male/Female) from a University/Deemed
University/Institution established by law in
Urdu
india
(2) Degree of Graduation in Education (B.Ed.)
in a course recognized by NCTE in India
8 Assistant Teacher 1) Graduation degree with Zoology and Botany
(Male/Female) as subjects from a University/Deemed
University/Institution established by law in
Biology
India.
(2) Degree of Graduation in Education (B.Ed.)
in a course recognized by NCTE in India.

4. Placing reliance on a notification dated 06.10.2021, a contention
was raised before this Court that, a concern regarding the difficulties
being faced by the job-seekers, as well as the Government Organisations,
in taking decisions regarding the recruitment of candidates for various
posts, where the prescribed qualifications are in the field of Engineering
and Technology, was sought to be addressed.
5. The contention of learned counsel for the petitioner is that B.Tech.
(I.T.) should be treated as equivalent to B.Tech. (Computer Science), as
the B.Tech. (I.T. Curriculum) contains substantial and direct academic
study of Computer Applications, Programming, Database Systems,
Software Engineering, Operating Systems, Computer Networking,
Algorithm and allied computer disciplines; as such B.Tech (I.T.) should
be treated equivalent to B.Tech. (Computer Science).
6. Sri Sanjay Kumar Om, Advocate appearing on behalf of the
Commission, had submitted that whatever qualifications are prescribed,
they are bound to follow the same and cannot deviate from the same, as
that would directly affect transparency. In the event of any such
deviation, candidates who may not have applied after considering the
3
WRIA No. - 12563 of 2026

qualifications prescribed in the advertisement, may be placed in an
inequitable position.
7. However, though it was not within the domain of the Commission
to decide the equivalence and extent of benefit thereof to the degrees
which have not been prescribed by the State, it was submitted that the
State Government, after having itself acknowledged the difficulty in the
notification dated 06.10.2021, should come out with its stand on the
equivalent degrees, which may be considered along with the
qualifications prescribed.
8. The case of candidates who are possessing degrees other than
those specified is to be dealt with by the Government, after convening a
meeting of the Committee of Experts to decide the suitability, on the
basis of the merits of each case and the job requirements of the
concerned organisation.
9. In view of the aforesaid, this Court, vide its order dated
14.08.2026, required an affidavit from the Additional Chief Secretary
(Secondary Education), Government of U.P., Lucknow (respondent No.
1), to place before this Court the policy decision regarding the treatment
of various degrees as equivalent to the essential qualification prescribed.
10. As an interim measure, the petitioners were permitted to
provisionally appear in the main examination, which was scheduled to
be held on 16.08.2026. Though initially a personal affidavit was filed by
respondent No. 1, wherein it was mentioned that, by an order dated
17.09.2021 passed in Writ Petition No. 656 of 2020 (Sri Vikas and 80
others Vs. State of U.P. and others), this Court had directed that
equivalence, as mentioned in the subject matter, be determined; and, in
compliance with the said order, an Inter-Departmental Committee was
constituted by Government Order No. 441/15-2022 dated 26.04.2023,
for clarifying equivalence in respect of educational qualifications.
11. Based on the recommendation of the aforesaid Committee, the
Sixth Amendment, 2024, to the “Uttar Pradesh Subordinate Education
(Trained Graduate Category) Service Rules” was promulgated vide
notification dated 30.01.2025, after obtaining the approval of the
Hon’ble Council of Ministers; and under the said amendment,
equivalence in all subjects has been abolished.
12. It was further submitted that, in the advertisement also, the
Commission did not stipulate consideration of any equivalent course.
For ready reference, paragraphs 8 and 9 of the personal affidavit
mentioned hereinabove are reproduced below:-
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WRIA No. - 12563 of 2026

8. That it is submitted that for information that, under the Uttar Pradesh
Subordinate Education (Trained Graduate Category) Service Rules
(Sixth Amendment), 2024, the educational qualification prescribed for
the post of Assistant Teacher (Computer) (Female/Male) is as follows:-

SLNO. Name of Post Compulsory Eligibility
1 2 3
18 Assistant Teacher (1) B.Tech/B.E. (in Computer Science)
(Male/Female) from a University/Deemed
Computer. University/Institution established by law in
India.
Or
Graduate in Computer Science.
Or
Graduation in Computer Application.
Or
Graduation degree along with A Level
course from NIELIT
Or
B.Tech. (Graduation in Computer Science)
and MCA (Post Graduation in Computer
Science).

9. That similarly, keeping in view the fact that the study/teaching of
Biology and Science are separate disciplines, the difficulties arising in
teaching Biology prescribed as a component of the Science subject at
the High School level in accordance with the educational qualifications
prescribed for the Science subject, as well as the difficulties in teaching
the portions of Chemistry and Physics prescribed under the Science
subject in accordance with the educational qualifications prescribed for
Biology, and also keeping in view the interests of the students and the
quality of education, the educational qualifications for the post of
Assistant Teacher (Biology) (Female/Male) have been prescribed as
follows under the Uttar Pradesh Subordinate Education (Trained
Graduate Category) Service Rules (Sixth Amendment), 2024.

SLNO. Name of Post Compulsory Eligibility
1 2 3
5 Assistant Teacher (1) Graduation degree with zoology and
(Male/Female) Biology. Botany as subjects from a
University/Deemed University/Institution
5
WRIA No. - 12563 of 2026

established by law in India.
(2) Degree of Graduation in Education
(B.Ed.) in a course recognized by NCTE in
India.

13. The notification dated 30.01.2025, issued in exercise of the
powers conferred by the proviso to Article 309 of the Constitution of
India, amending the Uttar Pradesh Subordinate Education (Trained
Graduate Grade) Service Rules, 1983, has also been brought on record,
which Rules may be called “The Uttar Pradesh Subordinate Education
(Trained Graduate Grade) Service (Sixth Amendment) Rules, 2024”,
wherein also, at Serial No. 18, the qualification has been prescribed,
which has already been reproduced hereinabove.
14. This Court is constrained to hold that the law governing the area i.e.
Rules, 2024, after having prescribed the qualifications and there being
no stipulation for consideration of any equivalent subject, as desired by
the petitioners in the present writ petition, now in exercise of power
under Article 226 of the Constitution of India, this Court cannot sit as an
Academic Expert for determining the equivalence of the educational
qualification.
15. In view of the aforesaid, this Court does not find any further
requirement to indulge in the matter, since the Rules, 2024, do not
stipulate consideration of any equivalent subject, as desired by the
petitioners in the present writ petition; and as such the petitioners do not
have the eligibility prescribed in the advertisement for the post of
Assistant Teacher, Trained Graduate Grade (Computer), pursuant to
Advertisement No. A-5/E-1/2025, and accordingly, no relief can be
granted. The present writ petition is accordingly, consigned to record.

(Siddharth Nandan,J.)

September, 23, 2026
piyush

Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad

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