The main legal point established in the judgment is the significance of the essential qualification of a one year computer certificate course from a recognized computer institute, as recognized by the Uttarakhand Government, and the importance of this stipulation to ensure the credibility of the certificate and prevent candidates from obtaining certificates from unregulated institutions.

JUDGMENT :

Vipin Sanghi, J.

The present Special Appeal is directed against the order dated 17.04.2017, rendered by the learned Single Judge, in Writ Petition (S/S) No.1862 of 2016, preferred by the respondent no.5 herein Mr. Manoj Kumar.

2. By the impugned order, the learned Single Judge allowed the said writ petition, and set-aside the selection of the appellant herein, who was respondent no.5 in the writ petition, on the ground that he did not possess the minimum essential educational/ technical qualification from an institution recognized by the State Government, and directed that the writ petitioner Mr. Manoj Kumar be granted appointment as Assistant Storekeeper since he was at Sl. No.2 in the merit list. The impugned order is a short order, and reads as follows:-

“The petitioner and the respondent no.5 have participated in the selection process for the post of Assistant Store Keeper, under the physical disability category. The essential educational/ technical qualification for filling up the post was the computer certificate course of one year’s duration from a computer institute recognized by the Government of Uttarakhand. The petitioner has obtained his diploma in Computer Science from Dr. Ambedkar Institute of Technology for Handicapped, Kanpur in the year 2002, which is recognized by the State of Uttarakhand. However, the respondent no.5, who is at Sl. No.1 is select/ merit list has obtained the computer certificate from the Uttaranchal Computer Training Institute, who is a Society.

There is no material placed on record to establish that the Uttaranchal Computer Training Institute is duly recognized by the Government of Uttarakhand. Merely that Society is registered under the Societies Registration Act or under the Local Act would not suggest even remotely that Institution is recognized by the State Government. The candidate must possess the essential educational/ technical qualification as provided by the Recruitment or Promotional Rules or in the advertisement. The respondent no.5 did not possess the minimum essential educational/ technical qualification from the institution recognized by the State Government.

Accordingly, the writ petition is allowed. The selection of respondent no.5 to the post of Assistant Store Keeper is quashed and set-aside. The respondents are directed to issue appointment letter to the petitioner, who was at Sl. No.2 in the merit list within a period of eight weeks from today.”

3. The submission of the learned Senior Counsel appearing for the appellant is that, in fact, the State Government does not provide any recognition to an educational/ training institution which grants a one year certificate course in computer training.

4. The further submission of the learned Senior Counsel is that the respondent no.5 Mr. Manoj Kumar did not have the requisite qualification as laid down in the advertisement, inasmuch as, he had been granted the one year diploma by Dr. Ambedkar Institute of Technology for Handicapped, Kanpur, Uttar Pradesh, in the year 2005, whereas the Uttarakhand Board of Technical Education had been setup by an Act of 2003. Learned Senior Counsel submits that the stand taken by the respondent-authority is that they continued to recognize the diplomas which were recognized by the Uttar Pradesh Board of Technical Education before the creation of the Uttarakhand Board of Technical Education and, therefore, the diploma obtained by respondent no.5 could not have been accepted as a validly recognized diploma, since the same was obtained only in the year 2005.

5. Learned Senior Counsel further submits that since the Uttaranchal Computer Training Institute-wherefrom the appellant obtained the certificate of undertaking one year certificate course in Computer Applications (from 01.04.2005 to 30.03.2006), is a duly registered society, registered under the Societies Registration Act, 1860, that, by itself, tantamounts to recognition by the State of the certificate course undergone by the appellant.

6. O