JUDGMENT Ravi S.Dhavan, J. 1. THIS writ petition is against the respondents arrayed, namely, the U.P. Public Service Commission, Allahabad and the Director of Education (Secondary), Uttar Pradesh, Allahabad. The issue is the recuritment of trained teachers in the Subordinate Education Services, particularly for the Hills Divisions of the State. 2. IN April, 1988 the Commission, aforesaid, issued an advertisement No. 7 of 1987-88 and announced that for the U. P. Subordinate Education Services (Trained L. T. grade (Male Section) Hills Division an assistant teacher in Geography in the L. T. grade was required. Against this post there was a reserved quota, specifically marked for handicapped persons. The assistant teacher was for the subject of Geography. The petitioner, Liladhar Pandey, also applied on the prescribed form and was awaiting a call for an interview, particularly, from the quota reserved for handicapped persons. The petitioner contends in his petition that he is a graduate, further, a graduate in Education, a post graduate in Geography from the Kumaun University and being a trained teacher, he offered himself for being considered in pursuance of the advertisement issued by the State as a candidate to be selected by the Commission. The petitioner contends that he was born in 1964, which makes him 30 years of age today and he files certificate of the Chief Medical Officer, Pithoragrah, dated 14 February, 198S that he is physically handicapped as he has an orthopaedic defermity of the little fingers in both hands. The Chief Medical Officer, Pithoragarh has certified that the petitioner is physically handicapped. 3. THE petitioner asserts that all of a sudden it came to his knowledge that for the posts for which applications load been sought in pursuance of the advertisement issued in 1988 interviews had commenced last week, on 28 February, 1994 and the interviews of candidates would continue until 7 March, 1994. He also mentions in his writ petition that for being considered for the post of an assistant teacher, there is no written test and a selection by interview is the only criteria. He states that notwithstanding that he comes under the quota reserved for physically handicapped persons, he has not been called for an interview. If he cannot be considered for an interview, the petitioner contends, he would be over ago after this year. He points out that the age qualification is 21 to 30 years.
He states that notwithstanding that he comes under the quota reserved for physically handicapped persons, he has not been called for an interview. If he cannot be considered for an interview, the petitioner contends, he would be over ago after this year. He points out that the age qualification is 21 to 30 years. But this was applicable at the time when the applications were being invited. 4. AMIDST, the schedule of the interviews for candidates which has already begun, this Court will be cautious in issuing a writ to the respondent U. P. Public Service Commission as the petitioner has left his grievance to the last minute and he ought to have come earlier if he had seriously expected the Court to consider the issue of a notice in the context of the circumstances. The process of the interview cannot be stopped. But, as the entire examination of the candidates is on the basis of a viva voce assessment only and between the advertisement of 1988 and the call for interview of the candidates six years have passed, there is much which needs to be expressed as a matter of concern. The Court is not issuing a writ to the Commission as there is no illegality manifest or otherwise to occasion the summoning of the record of the Commission by a writ of certiorari. Thus, the Court feels that the U.P. Public Service Commission which conducts examinations for appointments to the services of the State being an autonomous independent institution under Chapter-XIV of the Constitution of India it ought to be permitted to proceed in the conduct of its affairs with as much independence as any other working institution, the like of which finds mention in the Constitution of India. The particular function of the Commission on the conduct of examination for appointments to the services of the State is under Article 320 of the Constitution of India. By virtue of Article 320, the State is obliged to consult the State Public Service Commission on all matters relating to methods of recruitment to civil services and for civil posts, la the normality of circumstances, there is nothing irregular in what the Commission has undertaken in selecting the appropriate candidate to the U. P. Subordinate Education Services as an assistant teacher.
But, one thing is clear that between the publication of the advertisement in 1988, and with no intervening written test and the entire selection resting on a viva voce examination the selection process ought to be broad based, as such appears to be the intention when selection is on the basis of an interview only. The preliminary weeding of the applications had been made after the advertisement of 1988. 5. BUT, while the exercise to go ahead, apparently lay dormant, at last for the applicants awaiting an interview call, much time has elapsed ; six years since the advertisement invited the applications from the aspirants for being considered on a job of an assistant teacher. On the other hand, time does not permit the state of affairs to remain static even though the record be shelved in storage. In this particular case, before the Court, under the principles of relativity, the statistics of the candidates change with time. Those who applied six years ago will now, inevitably and logically, be over age, though legally entitled to be considered, subject to the interview, for a job. Those who had applied for the post at the age of 29 years or even 30 years, if taken in, will be either 35 or 36 years of age. And those who were 15 or 16 years old at the time when the advertisement was issued would today either be 21 years or 22 years of age and would, under the circumstances, not be ineligible for being called for an interview Logistically, another generation of aspirants will be coming within the spectrum of the eligible candidates as fat as age in concerned Then, those who come within the 'handicapped category' (Viklang) that is those with orthopaedic or physical impairment of the body, some would have their handicaps improved and yet others may have taken for the worse. The Court cannot judge the situation The Commission can. 6. ON this petition, learned counsel, appearing for the U. P Public Service Commission. Mr. Vijai Manohar Sahai, submitted that if the Court desires, he could arrage to place the entire record before the Court. The Court has no intention to pry into the records of the Commission, in this case, as it has already expressed that unless an illegality is apparent, it would be slow to issue a writ to the Commission.
Mr. Vijai Manohar Sahai, submitted that if the Court desires, he could arrage to place the entire record before the Court. The Court has no intention to pry into the records of the Commission, in this case, as it has already expressed that unless an illegality is apparent, it would be slow to issue a writ to the Commission. But the concern of the Court should be as much the concern of the State of U. P. or the Commission as the needs of the Hill Region for whose benefit the teachers are being recruited have certainly not decreased and as the intention of the recruitment is to take education deep into the hills, the need to recruit more teachers would, in fact, have increased. 7. IN so far as the petition is concerned, its the circumstances of this case, a notice of motion cannot be issued midway between the engagements of the Commission for the interview of the candidates which has commenced. 8. THE petition, is, thus, laid to rest. A copy of this order may be given to the learned counsel for the petitioner on payment of requisite charges within forty-eight hours.