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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, J.
Ravindra Kumar Singh – Petitioner
Versus
Uttarakhand Public Service Commission and Another – Respondents
Writ Petition (S/S) Nos. 238, 269 of 2020
Decided On : 27-9-2024
(A) Uttarakhand Public Service Commission Advertisement dated 31.7.2017 - Essential qualifications for Additional Private Secretary - Petitioner declared ineligible due to late issuance of physical marks sheet - Court held that online declaration of results suffices for eligibility - Physical copy issuance date not determinative of eligibility. (Paras 5, 6, 7)
(B) Eligibility Criteria - The requirement for candidates to possess qualifications by the application deadline must consider the actual date of qualification acquisition, not merely the issuance of physical documents. (Paras 6, 7)
Facts of the case:
The petitioner applied for the Additional Private Secretary position but was declared ineligible due to the timing of his Computer Course Certificate issuance, despite having completed the course before the application deadline.
Findings of Court:
The court found that the petitioner met the qualifications by the relevant date and that the Public Service Commission's decision was overly technical.
Issues: The main issue was whether the timing of the physical certificate issuance could disqualify the petitioner despite having completed the necessary qualifications on time.
Ratio Decidendi: The court ruled that the online declaration of results is valid for establishing eligibility, and the physical certificate's issuance date should not be the sole basis for disqualification.
Result: Writ petitions allowed; orders quashed and directions given for result declaration.
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Since common questions of fact and law are involved in both the writ petition, therefore, these are being decided by this common judgment, however, for the sake of brevity, facts of Writ Petition (S/S) No. 238 of 2020 alone are being considered and discussed.
2. Uttarakhand Public Service Commission issued an advertisement dated 31.7.2017 inviting applications for appointment against 117 vacancies of Additional Private Secretary in Uttarakhand Secretariat Service. The essential qualifications mentioned in the advertisement for the said post are as follow:
Or
Bachelor’s Degree in Computer Science.
(ii) Minimum speed of 80 words per minute in Hindi shorthand and minimum speed of 8000 Key-Depression per hour on computer in Hindi typing.”
3. The aforesaid advertisement provided that preference shall be given to those candidates who possess the following qualifications:
(ii) NCC ‘B’ Certificate.
(iii) Minimum speed of 100 words per minute in English shorthand and minimum speed of 9000 Key-Depression per hour on computer in English typing.”
4. Petitioner responded to the said advertisement. He was permitted to participate in the preliminary examination and declared successful in the said examination. Thereafter eligibility list was issued by the Public Service Commission, in which petitioner was declared ineligible by holding that Computer Certificate relied by the petitioner was issued after the last date of submission of online application i.e. 21.8.2017. Petitioner filed objection against the decision taken by the Public Service Commission on 31.10.2019, which was rejected by the Secretary, Public Service Commission vide order dated 7.1.2020 by reiterating the stand taken earlier. Thus feeling aggrieved, petitioner has filed this writ petition.
5. By an interim order dated 17.3.2020, petitioner was permitted to participate in the main examination. Learned Senior Counsel for the petitioner submits that petitioner thereafter was permitted to appear in shorthand/typing test and his result has been kept in sealed cover and the same is yet to be declared. Learned Senior Counsel for the petitioner further submits that the ground taken for cancelling petitioner’s candidature is unsustainable. He refers to the advertisement dated 31.7.2017, enclosed at page no. 472 of the writ petition, where it is mentioned that educational certificates shall be collected from the candidates, who are declared successful in the preliminary examination, after declaration of result of the main examination. He further submits that petitioner pursued Post Graduate Diploma in Computer Application from Dr. C.V. Raman University, Bilaspur, Chhatisgarh, which is a State University; petitioner successfully completed the said course in the month of July 2017 and his final result was declared online in the website on 31.7.2017. He refers to the online application form submitted by the petitioner pursuant to the advertisement, in question. In the application, petitioner has mentioned all qualifications possessed by him, including the qualification of Post Graduate Diploma in Computer Application, and he also mentioned the marks scored by him. Thus he submits that holding petitioner ineligible only on the ground that the physical marks sheet/certificate was issued by the University on 26.8.2017 is unsustainable. He submits that these days, every University/Examining Body/Selecting Body declares result online, which is as authentic as the physical marks sheet. He further submits that the Public Service Commission is not doubting veracity of the certificate or the marks sheet possessed by the petitioner or the marks indicated by him in his online application and
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