J. J. MUNIR
Raj Bhardwaj – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.
1. This writ petition has been preferred by Raj Bhardwaj, a disqualified candidate for the post of a Technician Grade-II (Fitter), who applied for the said post in response to advertisement No. U-37/UPRVUSA/2019 issued by the Uttar Pradesh Rajya Vidyut Utpadan Sewa Ayog, Lucknow (for short, 'the Service Commission'). He questions an office order dated 16.01.2014 issued by the Service Commission to the extent it excludes from consideration candidates, who have earned their High School Certificate or equivalent qualification from the National Institute of Open Schooling (for short, 'NIOS'). The petitioner further prays that a mandamus be issued to the Service Commission to treat the petitioner a duly qualified candidate for the post of Technician Grade-II (Fitter), without objection to his High School Certificate being one earned from the NIOS. The petitioner also prays for a mandamus, commanding the respondents to appoint him on the post of Technician Grade-II (Fitter) on the basis of selection held pursuant to Advertisement No. U-37/UPRVUSA/2019, within a period to be stipulated by this Court.
2. The facts giving rise to this petition are these:
State of A.P. v. Lavu Narendranath [(1971) 1 SCC 607 : (1971) 3 SCR 699]
Preeti Srivastava (Dr.) v. State of M.P. [(1999) 7 SCC 120]
State of T.N. v. S.V. Bratheep [(2004) 4 SCC 513]
Vijay Kumar Kushwaha v. State of Uttar Pradesh (2003) 3 UPLBEC 2211
Dr. B.L. Asawa v. State of Rajasthan [(1982) 2 SCC 55 : AIR 1982 SC 933
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