The central legal point established in the judgment is the interpretation of the essential eligibility criteria for the post of Assistant Teacher L.T. Grade (Urdu) and the influence of the UGC communication on the appointment decision.

JUDGMENT

Ravindra Maithani, J. (Oral). - Aggrieved by the appointment of respondent No. 5 as Assistant Teachers L.T. Grade, (Urdu) on the ground that the respondent No. 5 does not fulfill the eligibility criteria, as provided under the rules governing the service as published in the advertisement, petitioner preferred the instant writ petition.

2. It is the case of the petitioner that he responded to an advertisement dated 03.01.2017 issued by Uttarakhand Subordinate Service Selection Commission, (for short 'respondent No. 2 Commission') for recruitment to the post of Assistant Teacher L.T. Grade (Urdu). Subsequently, it was revealed that respondent no.5 was selected to the post. His recommendation was made by the respondent No. 2 Commission to the State Government. Initially, the respondent No. 5 was put under the category of ineligible/provisionally selected candidate category. Subsequently, respondent No. 5 was offered appointment to the post on 25.10.2018. It is impugned herein.

3. The challenge is made on the ground that the advertisement dated 03.01.2017 required that a candidate to the post should have graduation with Urdu Literature as a subject which should continue up to last year. The petitioner completed his bachelor in Art and Urdu Literature for three years with Urdu Literature as a subject continuously up till the last year, whereas, the respondent no. 5 completed graduation in Urdu in a year, which makes him ineligible to apply to the post in view of the essential eligibility criteria, as published in the advertisement.

4. Respondent No. 2 Commission filed its counter affidavit, according to which, the respondent No. 2 is only a Recruiting Agency and based on the marks obtained by candidates, recommendations were forwarded to the Government.

5. On behalf of the State, respondent No.4 filed counter affidavit. In paragraph 3, it is revealed that, in fact, the respondent no.5 passed graduation degree in single subject Urdu in the year 2013-14. The UGC by its communication UGC/DEB/Rewg/2013/1346-1350 dated 26.08.2013 clarified that if the mark sheets of all the examination of single subject of all the three years are given in the same year, they are valid. This communication was issued by the Distance Education Bureau, University Grant Commission, New Delhi for the academic session year 2013-14 to 2015-16. Based on this, according to the respondent State, appointment letter was issued to respondent No. 5. Alongwith it, the information furnished by Uttarakhand Open University has also been filed by the State as Annexure No. 1.