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2021 Supreme(All) 1414

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sunita Agarwal, J.
Ashok Kumar And 6 Others - Petitioner
Vs.
State Of U.P. And 2 Others - Respondent
WRIT -A No. - 9975 of 2020
Decided On : 19-2-2021

Advocates:
Advocate Appeared:
For the Appellant : Shivendu Ojha, Radha Kant Ojha (Senior Adv)
For the Respondent: C.S.C.,M.N. Singh

Headnote:

Combined State/ Upper Subordinate Services(PCS) General Recruitment/Physically Handicapped-Backlog/ Special Recruitment) Examination, 2018 - Post of Principals, Government Intermediate Colleges – Selection – Challenged - Eligibility qualification - Main challenge is to selection made by U.P Public Service Commission on post of Principals, Government Intermediate Colleges (for boys and girls) - Seeking direction to Commission to republish select list from amongst candidates who had submitted their experience-certificate in prescribed format and who were otherwise eligible - Dispute is pertaining to selection notified by an advertisement, i.e. Combined State/ Upper Subordinate Services(PCS) General Recruitment/Physically Handicapped-Backlog/ Special Recruitment) Examination, 2018, last date of submission of online application form wherein was 6.8.2018. Amongst all other posts, post of Principals of Government Colleges (for boys or girls) were notified for selection - Held, Court finds that select list declared by Commission after interview which is appended as Annexure-'12' to the writ petition is faulty. The matter was heard pre-lunch and time was granted to counsel for Commission to intimate stage of selection post-lunch. When matter was taken up post-lunch learned counsel for Commission informed that the final recommendations are in process and there are certain other minor defects in documents furnished by the candidates which are sought to be corrected by them at this stage only before recommendations are finalised by Commission - Court does not find it proper to go beyond this issue while examining validity of select list declared after interview - Commission is directed to redraw select list by inclusion of only those candidates who possessed requisite essential qualifications on last date of submission of application form ie 6.8.2018 notified in advertisement-in-question including those who had furnished teaching experience-certificate in the prescribed proforma-2, extracted above, on date of interview, in compliance of the notifications dated 27.6.2020 and 6.7.2020 issued by Commission - Writ petition is allowed.

JUDGMENT :

Mrs. Sunita Agarwal, J.

Heard Sri R.K. Ojha learned Senior Advocate assisted by Sri Indresh Dubey learned counsel for the petitioners and Sri Amol Ranjan holding brief of Sri M.N Singh learned counsel for respondent no.2, i.e. U.P. Public Service Commission.

2. The main challenge is to the selection made by the U.P Public Service Commission on the post of the Principals, Government Intermediate Colleges (for boys and girls). Further prayers in the writ petition are to issue direction to the Commission to republish the select list from amongst the candidates who had submitted their experience-certificate in the prescribed format and who were otherwise eligible.

3. The dispute is pertaining to the selection notified by an advertisement, i.e. Combined State/ Upper Subordinate Services(PCS) General Recruitment/Physically Handicapped-Backlog/ Special Recruitment) Examination, 2018, the last date of submission of the online application form wherein was 6.8.2018. Amongst all other posts, the post of Principals of Government Colleges (for boys or girls) were notified for selection. Eligibility qualification of which is quoted as under:-

    "Principal, Government Intermediate Colleges (For Boys or Girls)

(i) A Post-graduate degree from a University established by law in India or a degree recognised by the Government as equivalent thereto.

(ii) L.T Diploma of the Department of Education, Uttar Pradesh or B.T or B.Ed. or an equivalent Degree of a University.

At least three years teaching experience in High School or Intermediate Classes or Classes higher than above from a College or University established by law in India or any such Institution recognised by the Government."

4. Clause-10 of the advertisement provides educational qualification for the notified posts in the Combined State/Upper Subordinate Services and special qualifications prescribed in the column against the said posts. The conditions of eligibility as is clear from Clause-8 of the advertisement was that the candidates must possess all the requisite qualifications/eligibility conditions till the last date for submitting the application form. One of the eligibility qualification for appointment to the post of Principals of Government Intermediate College was three years experience of teaching.

5. Three stages of selection were preliminary examination, main examination and interview. After the candidates were short listed on the declaration of result of preliminary examination, as per the notification issued by the Commission they were required to submit the experience-certificate of requisite qualification of teaching experience in the prescribed format which is appended as Annexure-'2' to the writ petition. The proforma-2 is transcribed as under:

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    firk@ifr dk uke----------
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    gkbZLdwy ;k b.Vj ehfM,V d{kkvksa ;k mijksDr ls mPprj d{kkvksa esa Hkkjr esa fof/k }kjk LFkkfir fdlh fo'ofo|ky; vFkok egkfo|ky; vFkok ljdkj }kjk ekU;rk ÁkIr laLFkk esa de ls de rhu o"kZ v/;kiu gsrq in ¼in dk uke½----------ij fnukad----------ls fnukad----------csrucS.M----------xzsM is----------dqy ifjyfC/;ka---------- dk;Zjr FksA
    gLrk{kj
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    Áca/kd jftLVªkj
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6. The result of the main examination was declared whereupon 248 candidates were declared successful for the post of Principal. They were invited for interview. A notification dated 27.6.2020 appended at page--'84' of the paper book was issued by the Commission calling upon the candidates who had uploaded the experience-certificate alongwith their online application form but not countersigned by the Joint Director of Education, to furnish duly countersigned experience-certificate on the date of interview. At that stage, some of the selected candidates waiting for interview had approached this Court in Writ


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