RAVI RAJ SINGH v. UTTARAKHAND PUBLIC SERVICE COMMISSION
2014-04-01
BARIN GHOSH, V.K.BIST
body2014
DigiLaw.ai
JUDGMENT BARIN GHOSH, C. J. (Oral) Supplementary counter affidavit, filed by respondent No. 1 in Court, is accepted on record. 2. In the Advertisement, the Commission had indicated that there are certain posts, which are available for those, who have academic qualification of Post Graduation. This order is not in relation to those posts. 3. The Advertisement also mentioned that there are certain posts, which are available for persons having academic qualification of Graduation. Out of those posts advertised, according to the Commission, 38 posts are available for Scheduled Caste candidates. According to the Commission, out of those 38 posts, some posts are available for Scheduled Caste women candidates, physically handicapped and other category of candidates. It has been contended that, according to the Rules adopted by the Commission, the Commission is required to call for interview 114 candidates belonging to Scheduled Caste category on the basis of their merit. The Commission has submitted that, while calling these candidates, candidates, who were called for the Post Graduation posts, having also been called for the Graduation posts; the number of candidates called for Graduation posts is less than 114. In addition to that, it has been contended that, for the posts reserved for Scheduled Caste women, physically handicapped and other category of candidates, sufficient number of candidates on the basis of merit could not be found and, accordingly, the number of people called for interview was less than 114. 4. The posts, which have been advertised for Post Graduates, are specialist posts of higher status and with higher income. A person, who is a Post Graduate, alone, can compete for the said post. Because he has competed for the said post, he will not be permitted to compete for the post, where the qualification is Graduation; is neither the mandate of the Rules nor the mandate of the Advertisement. The standard of interview for a higher post cannot be the same for a lower post. Therefore, a Scheduled Caste candidate, who has been called for interview for the higher post, for which the basic educational qualification is Post Graduation, while being interviewed, cannot be assessed, how good he will be for the post, where the educational qualification is Graduation.
The standard of interview for a higher post cannot be the same for a lower post. Therefore, a Scheduled Caste candidate, who has been called for interview for the higher post, for which the basic educational qualification is Post Graduation, while being interviewed, cannot be assessed, how good he will be for the post, where the educational qualification is Graduation. Therefore, a person, who has offered himself for a post, where Post Graduation is the basic qualification, and also for a post, where the post is for Graduates; is required to be assessed twice at the interview to be held for the said posts. 5. In the circumstances, we dispose of this writ petition by directing the Commission to call 114 candidates belonging to Scheduled Caste category on the basis of merit at the interview for the posts, where Graduation is the basic qualification. It is made clear that, in the event, three times of the number of Scheduled Caste women, physically handicapped and other category of candidates are not available, then, they be supplied by the ordinary Scheduled Caste candidates at the interview on the basis of their merit. In the event, similar mistake has taken place while calling General candidates/OBC candidates/Scheduled Tribe candidates, we request the Commission to correct such mistake.