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2015 Supreme(UK) 182

UTTARAKHAND HIGH COURT
Hon'ble Mr. Chief Justice K.M. Joseph and Hon’ble Mr. Justice V.K. Bist
Special Appeal No. 42 of 2015
SURENDRA KUMAR & ANR. – Appellants
Versus
STATE OF UTTARAKHAND & ORS. – Respondents
Decided on : 26.03.2015

For the Appellants :Mr. Sandeep Tiwari and Mr. Anil Dabral, Advocates
For the Respondent No. 1: Mr. H.M. Bhatia, Brief Holder
For the UTEB :Mr. Rakesh Thapliyal, Advocate
For the UPSC :Mr. B.D. Kandpal, Advocate

Headnote:Service Jurisprudence — Uttarakhand Technical Education Board as a Recruiting Agency for various Departments issued an advertisement in the year 2011 — The advertisement related to various posts; various qualifications are also prescribed for various posts — For some posts under the advertisement, possession of ‘O’ Level in Computer Operations was mandatory — The advertisement was not challenged — Therefore, it was binding on the appellants — In the facts of the case no reason to accede to either of the requests — And the learned Single Judge had clearly erred in constituting a Committee for the purpose of investigating — Held under the advertisement, the competent Authority is the Board — Having regard to the qualifications, which are fixed, we see no reason why the Board will not be in a position to assess the appellants on the basis of the qualifications, which were required — In such circumstances, there can be no question of constituting a committee and, the said direction to be set aside in respect of all posts — Further that the Board will certainly consider the case of the appellants for the posts, for which they were otherwise qualified, even without the possession of ‘O’ Level Certificate in Computer Operations.

        (Paras 14, 15 to 20, 23 to 28, 29, 30)

        lsok U;k;’kkL= & mÙkjk[k.M rduhdh f’k{kk ifj”kn~ }kjk fofHké foHkkxksa ij fu;qfDr;ksa ds fy, o”kZ 2011 esa foKkiu ikfjr fd;k & foKkiu fofHké inksa ls lacafèkr Fkk ftlesa fofHké inkuqlkj] ;ksX;rk fu;r Fkha & dqN inksa ds fy,] dEi;wVj vksijs’kaLk esa ^vks^ ysoy vkKkid Fkk & foKkiu dks pqukSrh ugha nh x;h Fkh] blfy, ;g vihykfFkZ;ksa ij ck/; Fkh & okn ds rF;ksa esa fdlh Hkh izkFkZuk ls lger gksus dk dkj.k miyC/k ugha & ekuuh; ,dy U;k;k/kh’k }kjk tk¡p ds fy, desVh dk xBu dj Li”Vr% vf/kdkfjr Fkh & foKkiu esa l{ke izkf/kdj.k cksMZ Fkk & fuf’pr vgZrkvksa ds laca/k esa] dksbZ dkj.k ugha fd cksMZ vihykfFkZ;ksa dks ;ksX;rkvksa ds vk/kkj ij fu/kkZj.k ugha dj ik, & dfFkr ifjfLFkfr;ksa esa desVh xfBr djus dk iz’u ugha o lHkh inksa ds fy, dfFkr funsZ’k] [kkfjt vkSj ;g fd cksMZ }kjk vihykfFkZ;ksa ds okn esa ml in ij fopkj fd;k tk,xk ftlds fy, os vgZ Fks] cxSj dEi;wVj vksijs’kaLk esa ^vks^ ysoy dk izek.k i= izkIr fd,A ¼izLrj 14] 15 ls 20] 23 ls 28] 29] 30½

       

JUDGMENT :

K.M. Joseph, C.J.

Appellants are the writ petitioners. The Uttarakhand Technical Education Board (hereinafter referred to as the Board) issued an advertisement dated 20.12.2011 for the Accounts cadre, which was given a Group code, named, Group-29. The eligibility criteria as well as the posts in different Departments were indicated in the advertisement. The result of the written examination was declared on 07.10.2013. The writ petition was filed seeking direction to permit the appellants to appear in the computer type test on 18.01.2014 and to consider the candidature of the appellants for G-29 posts.

2. This writ petition came to be heard along with three other writ petitions. In the said three writ petitions, advertisement was issued for two posts by the Uttarakhand Public Service Commission (hereinafter referred to as the Commission). The writ petitioners in the said three writ petitions came to Court complaining that for the posts therein, one of the qualifications, which was fixed, namely, ‘O’ Level Certificate in Computer Operations was not a qualification, which was readily available as the Institutes, which issued the said Certificates were not active in the State of Uttarakhand.

3. Learned Single Judge by the impugned judgment has disposed of all the three writ petitions in the following manner:

“7. The insistence on ‘O’ Level certificates issued by the DOEACC society in the present case does not appear to be reasonable, as this Court has been informed that there are not sufficient number of institutions in the State of Uttarakhand granting such Certificates. In fact, out of 145 only 59 candidates were having such certificates. By and large, the candidates who reside in hill areas have been ousted from the competition, as they do not have such certificates for the simple reason that the area to which they belong, DOEACC society does not have such institutions.

8. The report of the committee is also not very helpful to the petitioners as there is no clarity in the said report about the course which the petitioners had undergone except that in case the certificates are from recognized organizations of the Centre or State Government, the matter be considered sympathetically.

9. In view thereof, this Court finds that since the intention of the Government was to see whether each candidates has computer knowledge and computer operating skills and if the candidates have undergone such course which gives them this ability and the course is recognized either by the State Government or by the University, then the Public Service Commission shall constitute a Committee which will comprise one representative of the Uttarakhand Public Service Commission and another representative of the Uttarakhand Technical Education Board and one representative appointed by the Principal Secretary, Technical Education, Government of Uttarakhand who would be an expert in the field of computer science, preferably from the recognized Institute in Uttarakhand such as Indian Institute of Technology.

10. The three members Committee shall examine the computer skill certificates of each of the petitioners and if such certificates are found to be recognized by the University or Government of India body or State Government then for such candidates a computer operation skill test be conducted, and if they are found to be up to the mark in the operation of computer and are judged to be skilled in computer, they be accordingly marked and recommendations made.

11. Since the entire result of the selection process is withheld, let the Committee be constituted immediately and the examination of the certificates be done by the Committee as early as possible but not later than eight weeks from the date of production of certified copy of this order.”

4. The appellants are before this Court challenging the judgment to the extent that the Commission was to constitute a committee and they desire that the said direction may be replaced by a d




























































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