HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 284 of 2023 Monika Rawat ......Appellant Versus Secretary Uttarakhand Subordinate Selection Commission and others ….Respondents Present:

Mr. Dinesh Gahtori, Advocate for the appellant.

Mr. K.M. Joshi, D.A.G. for the State.

With Special Appeal No. 283 of 2023 Kavita Bisht ......Appellant Versus Secretary Uttarakhand Subordinate Selection Commission and others ….Respondents Present:

Mr. Dinesh Gahtori, Advocate for the appellant Mr. K.M. Joshi, D.A.G. for the State.

Coram: Hon’ble Ravindra Maithani, J.

Hon’ble Alok Mahra, J.

Hon’ble Ravindra Maithani, J.(Oral)

Since both these appeals arise from one and the same judgment, they are heard together and being decided by this common judgment.

2. Instant appeals are preferred against the judgment dated 11.04.2023, passed by the learned Single Judge of this Court in Writ Petition No. 2306 of 2018, Monika Rawat Vs. Secretary Uttarakhand Subordinate Selection Commission and others and other connected matters. Special Appeal No. 284 of 2023, has been preferred by the appellant Monika Rawat, who was the petitioner in Writ Petition (S/S) No. 2306 of 2019. In that petition, she has challenged a communication dated 14.08.2019 of the respondent no. 3/ Director, Uttarakhand Technical Education by which her candidature for the post of Computer Programmer-Cum-Operator was rejected. Special Appeal No. 283 of 2023 has been preferred by the appellant Kavita Bisht, who was petitioner in Writ Petition (S/S) No. 2390 of 2019. She has challenged Office Memorandum dated 22.07.2019 issued by the respondent no.2/Secretary, Uttarakhand Technical Education, by which, her candidature was rejected for the post of Computer Programmer-Cum-Operator. Both these appeals are delayed.

3. Heard on Delay Condonation Application No. 1 of 2023 in Special Appeal No. 283 of 2023 and Delay Condonation No. 1 of 2023 in Special Appeal No. 284 of 2023.

4. Having considered, we are of the view that there are good grounds to condone the delay. The delay condonation applications are allowed. Delay in preferring the appeals are condoned.

5. The appellant Kavita Bisht did BBA from Indira Gandhi Open University and Masters Degree in Computer Application in the year 2018. She has also done one year diploma in Computer Application.

6. The appellant Monika Rawat has also completed her Masters in Computer Application and has also done her Advance Diploma in Software Engineering from Aptech Computer Education.

7. The respondent Uttarakhand Subordinate Selection Commission (“the Commission”) published an advertisement on 20.11.2015 for various posts. Both these appellants were eligible for appointment to Post Code-10 i.e. Computer Programmer-Cum- Operator for which, the qualifications given in the advertisement is as follows:-

“(i) Bachelor’s Degree with minimum one year Diploma in Computer Application, which is recognised by Central Government or the State Government; or (ii) Recognised Diploma in any branch of Engineering and minimum one year Diploma in Computer Application, which is recognised by Central Government or the State Government; or (iii) M.Sc. Computer Science.

8. Both these appellants appeared in the written examination. They were in the select list; they were called for documents verification, which they attended. In the final select list, the name of the appellant Kavita Bisht did not appear. Though, the Department of Personnel and Training and Department of Law, Government of Uttarakhand has opined that both these appellants holds higher qualification and are eligible for the position. Subsequently, the appellant Kavita Bisht filed a Writ Petition (S/S) No. 2769 of 2018, which was decided on 29.04.2019 with the direction to the respondent no.2/Uttarakhand Technical Education to decide the representation filed by the appellant Kavita Bisht. The representation was dismissed by the impugned order dated 22.07.2019, which was challenged by the appellant Kavita Bisht in the writ petit