The court upheld the essential qualification for the post of Additional Private Secretary in Uttarakhand and dismissed the petitioners' claim of vagueness in the essential qualification and their delayed approach to the court.

JUDGMENT :

VIPIN SANGHI, J.

1. We have heard the learned counsel, and proceed to the judgment.

2. We may reproduce the order dated 5th October, 2020, passed by this Court in the present proceedings, since that order encapsulates the relevant facts, and the issue, which arises for consideration in the present case:

“By means of present petition, petitioners have sought following relief:

(i) Issue a writ, order or direction in the nature of certiorari quashing the list dated 7th January, 2020 qua the petitioners, inasmuch as it disqualifies them from appearing for the mains examinations.

(ii) Issue a writ, order or direction in the nature of mandamus, directing the Uttarakhand Public Service Commission to permit the petitioners to appear in the main examinations.

(iii) Issue a writ, order a direction in the nature of mandamus directing the Uttarakhand Public Service Commission to postpone the mains examination by a period as deemed fit by this Hon’ble Court to allow a level playing field for the petitioners and the other students from the hilly areas of the State of Uttarakhand.

(iv) To hold that the condition requiring one year compute certification from a Government recognized Institution/University, is read down to include a computer course administrated from any institution, equivalent to that of a Government recognized institution, in the light of Government itself maintaining no list of institution/Universities of this kind.

Brief facts of the case are that the respondent no. 1 issued an advertisement dated 31.07.2017 inviting applications for the post of Additional Private Secretary in Uttarakhand Secretariat and Uttarakhand Public Service Commission. As per advertisement, the essential qualification for the aforesaid posts are that the candidates should possess a bachelor’s degree from the University established by law or a qualification recognized by the Government as equivalent thereto and one year computer certificate course from any recognized institute or university established under the law or graduation with the subject of computer science.

Learned counsel for the petitioners would submit that pursuant to the said advertisement petitioners have also applied for the said posts. They appeared in the preliminary examination in which they were declared successful but at the time of final examination, the petitioners are not permitted to appear on the ground that the petitioners have not completed one year computer certificate course from a recognized institute or university. He would further submit that the petitioners have submitted the certificate of one year computer course. However, it is contended that the certificate of the petitioners are not recognized from a Government institute as per the advertisement dated 31.07.2017. He would further submit that in this regard a letter has been written by the Secretary, Government of Uttarakhand to the Secretary, Public Service Commission stating therein that there is no recognized institutions/universities in the State of Uttarakhand, which runs one year computer certificate course. It is contended that the respondents are adopting pick and choose policy by permitting only those candidate for final examination who have passed the computer certificate course from UP HILL Electronics Corporation Limited known as HILTRON CALC Institute. He would further submit that the mains examination is scheduled to be held on 08.10.2020.

Per contra, Mr. B.D. Kandpal learned counsel appearing for the Commission would submit that the Hiltron Calc Institute is a Government undertaking, therefore, there is no need for it to obtain any recognition from the State Government. He would further submit that the petitioners have participated in the selection process and have not challenged the validity of the rules and conditions of the advertisement at the time of their participation. Having heard learned counsel for the parties and perused the material available on record.

The State Government itself has ad