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2016 DIGILAW 509 (UTT)

Gaurav Mawari v. State of Uttarakhand

2016-08-24

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Joseph, C.J Petitioner has approached this Court seeking following reliefs:- “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned rejection list dated 22.07.2016 so far as petitioner is concerned annexed as Annexure No.6 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus to direct the respondents to declare petitioner a successful candidates as he full filled all the requisite qualification for the post of Lecturer.” 2. Briefly put, the case of the petitioner is as follows: Petitioner has obtained degree of Bachelor of Science (Hospitality and Hotel Administration) in the year 2008 from the Institute of Hotel Management, Catering Technology and Applied Nutrition, Bangalore. Pursuant to Annexure no.1 advertisement issued by the respondent-Public Service Commission, seeking applications for the post of Lecturer in Cookery, Bakery, Restaurant, Reception, House Keeping. Petitioner applied alongwith his experience certificate Annexure No.4 but petitioner is not found to be qualified. There are, in fact, three reasons given for rejection of his candidature and they are as follows:- S.No. Roll No. Name Cause of rejection 19 913189 Gaurav Mawari 1. The candidate holds a degree of B.Sc. (Hospitality and Hotel Administration) but there is no separate degree of Bachelors while as per the Advertisement, Bachelor’s degree is compulsory. 2. The candidate holds a degree of B.Sc. (Hospitality and Hotel Administration) while as per Advertisement, degree in Hotel Management Catering Technology and Applied Nutrition is compulsory. 3. The candidate has claimed experience of 6 years and 6 months as Chef in a Five Star Hotel, but the experience of Five Star Hotel as provided in experience certificate is not clear for want of reference number therein. Hence ineligible, due to not possession of compulsory education qualification and non submission of Experience Certificate in the required format. 3. The candidate has claimed experience of 6 years and 6 months as Chef in a Five Star Hotel, but the experience of Five Star Hotel as provided in experience certificate is not clear for want of reference number therein. Hence ineligible, due to not possession of compulsory education qualification and non submission of Experience Certificate in the required format. 3. Heard Mr. Pooran Singh Rawat, learned counsel for the petitioner, Mr. H.M. Bhatia, learned Brief Holder for the State and Mr. B.D. Kandpal, learned counsel for respondent no.2. 4. Hence ineligible, due to not possession of compulsory education qualification and non submission of Experience Certificate in the required format. 3. Heard Mr. Pooran Singh Rawat, learned counsel for the petitioner, Mr. H.M. Bhatia, learned Brief Holder for the State and Mr. B.D. Kandpal, learned counsel for respondent no.2. 4. Learned counsel for the petitioner does not dispute the fact that the petitioner does not have a separate degree as such, but he would emphasise that he has got B.Sc. in Hospitality and Hotel Administration, which must be treated as a degree. He also has a case that qualification, which is prescribed in this regard, is the qualification which does not fall within the brochures offered by the Central Government or the State Government. 5. Learned counsel for the Commission, on the other hand, would submit that advertisement was issued in conformity with the Statutory Rules. As per the Statutory Rules, the first qualification is that the candidate must be a graduate from a University established as per law. That apart, the candidate must also possess three years diploma or degree in first class in Hotel Management, Catering Technology and Applied Nutrition from recognized Institution of National Catering Council or All India Technical Education Board. 6. As far as this case is concerned, it is quite clear that the petitioner does not possess the degree apart from B.Sc. in Hospitality and Hotel Administration. Therefore, on that score alone the prayer has to be declined. We, therefore, need not go into the other aspects. The writ petition, consequently, cannot be entertained. 7. The writ petition stands dismissed. No order as to cost.