Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the recruitment advertisement.

JUDGMENT :

Neeraj Tiwari, J.

1. Heard Sri Ashutosh Tiwari, Advocate along with Sri Satya Prakash Tripathi, learned counsel for the petitioners and Sri Manish Goyal, learned Senior Counsel/Additional Advocate General, assisted by Sri A.K. Goyal, learned Additional Chief Standing Counsel for the State-respondents.

2. Present petition has been filed with the following prayers:

“ I. A writ, order or direction n nature of certiorari to quash the result dated 19.07.2022 in pursuance to advertisement no. PRPB-One-1(L.S)/2020dated March 2021(Male/Female) for recruitment of UP Police Sub-Inspector(Confidential) and Assistant Sub- Inspector(Clerk)and Assistant Sub-Inspector(Accountant)(Male/Female) and Confidential Assistant.

II. A writ order or direction in the nature of mandamus commanding the respondent no. 3 that is Uttar Pradesh (Police Recruitment and Promotion Board), U.P. at Lucknow to declare the fresh and revised list of selected candidates while considering the name of petitioner in the selected list of eligible candidates for typing test.”

3. Brief facts of the case are that an advertisement no. PRPB-One- 1(L.S)/2020 dated 23.03.2021 has been issued by respondent No. 2 for recruitment of UP Police Sub-Inspector(Confidential), Assistant Sub- Inspector(Clerk) and Assistant Sub-Inspector(Accountant)(Male/Female) and Confidential Assistant. Petitioners submitted application form for the aforesaid posts and they were allowed to appear in the written examination, which was held on 4th/5th December, 2021. The result of written examination was declared on 01.04.2022 and petitioners successfully qualified in the written examination. Thereafter petitioners appeared in the document verification/physical standard test at the prescribed venue of examination. Respondent No. 3 published list of qualified candidates, who are allowed to appear in the computer typing test/stenography test in which names of petitioners are missing. Petitioners approached the respondent concerned, where they were informed that as they are not having Physics, Chemistry and Methamatics(PCM) in the intermediate examination, therefore, they are not qualified to appear in the typing test/stenography test. Hence, present petition.

4. Learned counsel for the petitioners submitted that petitioners are having qualification of PGDCA certificate, but not having PCM in the intermediate. He next submitted that as per Govt. Order dated 09.06.2020 the requirement of PCM is only for the post of Computer Operator and not for the other posts advertised, therefore, they are fully eligible to participate in further selection process of aforesaid recruitment. He next submitted that considering the aforesaid facts, this Court vide interim order dated 04.11.2022 directed the respondent to conduct the typing test, which was conducted by the respondents and result of the same is available before this Court in the sealed cover envelope. He lastly submitted that direction in the nature of mandamus may be issued to open the seal cover of the envelope and consider the case of petitioners for appointment on the posts applied for.

5. Per contra, Sri Manish Goyal, learned Senior Counsel appearing for the respondents pointed out that first of all, against the order of this Court dated 04.11.2022, State Government has preferred Special Appeal Defective No. 32 of 2023 and the Court has disposed of the same vide order dated 16.01.2023 with the finding that any observatio