ALLAHABAD HIGH COURT
YASHWANT VARMA, J.
PRASHANT KUMAR JAISWAL AND OTHERS - Petitioners
Versus
STATE OF U.P. AND OTHERS - Respondents
(Civil Misc. Writ Petition Nos. 41750, 46900 of 2015, 43430 of 2016, 40573 of 2017, 51624, 49077, 46469, 61597, 64264 of 2015, 13969 of 2016, 62926 of 2015, 4951, 15966, 7908, 16043, 7482, 8203, 4261, 6218, 16926, 19151, 19393, 19087, 19083, 1973, 17441, 2861, 20356, 20630, 26916, 20049, 32169, 32626, 32844, 33601, 34288, 34581, 33943, 35649, 35516, 37935, 10292, 38053 of 2016, 64805 of 2015, 39578, 9495, 35782, 45563, 46074, 48486, 38547, 58920 of 2016, 1578, 3079, 5570, 5528 of 2017, 39114, 43616, 44275, 46410 of 2016, 7580, 8776, 11643, 11808, 11970, 12194, 12522, 14991, 18820 of 2017, 64374 of 2015, 43430 of 2016, 25718, 29901, 27948, 18122, 18129 of 2017, 50415 of 2016, 19696 and 20534 of 2017, decided on 7th October, 2017)
Result; Order Accordingly.
Hon’ble Yashwant Varma, J.—Heard Shri Ashok Khare, Shri Shashi Nandan, learned Senior Counsels and Shri Seemant Singh, learned counsel for the petitioners, Sri H.R. Mishra, learned Senior Counsel assisted by Sri J.P. Pandey who appeared for the Electricity Service Commission (“the Commission”) and Sri Ramendra Pratap Singh, who has appeared for the U.P. Power Corporation Ltd (“the Corporation”).
A. PROLOGUE
2. This batch of writ petitions assails a selection undertaken by the Commission for appointment to the post of Technician Grade II (Training Electrical). The two advertisements which form subject-matter of the issues raised herein are dated 6 September 2014 and 24 April 2015. These advertisements invited applications for appointment against 2211 and 884 posts respectively of Technician Grade II.
3. With the consent of parties Writ-A No. 41750 of 2015 and Writ A No. 64805 of 2015 were treated as the lead writ petitions. The first writ petition seeks quashing of the select list dated 14 July 2015 and further seeks the revision of the select list after excluding therefrom candidates who had obtained computer eligibility certificates on dates subsequent to 30 September 2014 as also those candidates who did not possess the “Course on Computer Concepts” (“CCC”) certificate as awarded by DOEACC society since renamed as the “National Institute of Electronics and Information Technology” (“NEILIT”). By an amendment a further challenge was laid to the decision of the Board of Directors taken in a meeting held on 23 November 2015. It is relevant to note here that the relief with respect to the ineligibility of candidates who obtained certificates on dates subsequent to 30 September 2014 was not pressed. The second writ petition came to be preferred immediately upon the issuance of the second advertisement and challenges the proceedings taken in respect of the same. The petitions have arrayed various selected candidates in representative capacity. Although the said candidates were represented by counsels, none appeared or advanced submissions on their behalf. On behalf of some of the selected candidates, Sri Nandan alone has appeared in Writ-A No. 18129 of 2017.
4. The primary ground of challenge which was urged by Sri Khare and other counsels appearing for the non selected candidates revolves around the acceptance of certificates evidencing basic computer knowledge having been acquired by the holders thereof from unrecognised institutions. The issue itself arises out of a stipulation in the advertisement which required the applicants to necessarily hold a CCC certificate or one equivalent thereto. The challenge which was addressed before the Court was that the CCC certificate is granted only by NIELIT and that none of the certificates granted or issued by private and unrecognised institutions can be treated as equivalent thereto.
5. When the first writ petition was initially entertained on 31 July 2015, a learned Single Judge while entertaining the challenge to the select list had recorded the statement made by the learned counsel for the respondents that no final decision will be taken pursuant to the impugned select list. It however transpires (and is so alleged by the petitioners) that in spite of the interim order, the respondents proceeded to affect appointments of candidates included in the impugned select list which fact was also noticed in the order of the Court dated 6 August 2015. The statement of the learned counsel for the respondents recorded in the order of the Court dated 31 July 2015, described in subsequent orders as the “interim order” was continued from time to time. On 12 August 2016 a detailed order was passed by a learned Single Judge noting the contention of the petitioners that various candidates had come to be selected under the garb of having an equivalent computer qualification even though they
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