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2015 DIGILAW 79 (UTT)

NARESH KUMAR v. UTTARAKHAND PUBLIC SERVICE COMMISSION

2015-02-25

SUDHANSHU DHULIA

body2015
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The Uttarakhand Public Service Commission, on requisition of the State Government, advertised 06 posts of Junior Analyst (Food) and 06 posts of Junior Analyst (Drug), for the State Public Laboratory, which is situated in Rudrapur, District Udham Singh Nagar, Uttarakhand. For the post of Junior Analyst (Food), one of the conditions was that a candidate applying for such post one must be a graduate in Science with Chemistry as an essential subject and should have an experience of food analysis from a Government Public Analysis Laboratory for two years. For the post of Junior Drug Analyst, one of the conditions was that a candidate applying for such post one must be a graduate with pharmacy chemistry as an essential subject and should have an experience of at least two years under the Head of a Laboratory approved by the Government. 2. The petitioners have applied for both the posts. However, they lack one essential qualification, which is that they do not have two years’ of experience as required above. Aggrieved, they have challenged the said advertisement and the selection process. 3. Their challenge is primarily on the ground that in the State of Uttarakhand, State Public Analysis Laboratory itself was established only in 2011 and on the date of advertisement 19.10.2012, no one in the State could have had the experience required from a laboratory in State of Uttarakhand. 4. The State Government, inspite of sufficient opportunity, has not filed its counter affidavit as yet. All the same, in the counter affidavit filed by the Uttarakhand Public Service Commission the stand taken is that the requirement of advertisement is as per the Rules, prescribe for such posts and they are following the rules. The Rules clearly stipulates that one must two years of experience as asked in the advertisement. 5. This Court by order dated 14.08.2013 while granting interim order had directed the petitioners to participate in the selection process provisionally. The petitioners have already participated in the selection process but the result has not been declared. 6. Two years of experience as required may not essentially be from the State laboratory of Uttarakhand. It can be a valid experience for any other State laboratory as well. But now a statement has been given by the learned counsel for the Uttarakhand Public Service Commission, Mr. 6. Two years of experience as required may not essentially be from the State laboratory of Uttarakhand. It can be a valid experience for any other State laboratory as well. But now a statement has been given by the learned counsel for the Uttarakhand Public Service Commission, Mr. B.D. Kandpal that for 06 posts of Junior Food Analyst, 259 applications were received by and for the posts of Junior Drug Analyst, 162 applications were received. All these applications have been scrutinized and it has been found that none of the candidates, who has applied are qualified and most of them do not have two years of experience, as required in the advertisement. Therefore, present selection cannot be completed as none of the candidates who have applied have qualified. 7. In view of the above statement, nothing more can be said as of now. The liberty is given to the State Government and to the Uttarakhand Public Service Commission to proceed further in the matter and readvertise the vacancies. 8. Since there is already a delay in the matter, let the necessary steps be taken as expeditiously as possible but definitely within a period of three months from the date a certified copy of this order is produced before the State authorities, unless the Government decides not to fill these vacancies. 9. The writ petition stands disposed with the above observation and direction. No order as to costs.