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Uttarakhand High Court · body

2017 DIGILAW 185 (UTT)

Vineet Kumar v. State of Uttarakhand

2017-03-17

K.M.JOSEPH, V.K.BIST

body2017
JUDGMENT : K.M. JOSEPH, J. Petitioner has approached this Court seeking the following prayers: “(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to evaluate and prepare the merit on the basis of other subject (including Hindi), without taking Hindi as a compulsory qualifying subject in view of the fact that petitioner has qualified in computer as a compulsory qualifying subject. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to revaluate the copy of answer sheet Hindi exam of petitioner.” 2. Briefly put, the case of the petitioners is as follows: Respondent no. 2-Uttarakhand Public Service Commission issued an advertisement calling for applications for various posts, including nine posts of District Tourism Development Officer. Annexure No. 1 is the advertisement. Petitioner, being qualified, applied for the said post. He qualified the exam. A provision has been made for keeping two subjects, i.e. Computer and Hindi as mandatory qualifying subjects, while for other posts, only Hindi subject has been kept as mandatory; it is highly arbitrary and discriminatory as far as the aspirants/candidates applying for the post of District Tourism Development Officer are concerned is the case of the petitioner. It is the further case of the petitioner that in Computer subject, he has secured high marks. 3. The ground nos. ‘a’, ‘f’ and ‘j’ read as follows: (a) Because the respondent no. 2 issued an advertisement dated 04-09-2014 for various posts including 9 posts of District Tourism Development Officer in the pay scale of Rs. 15600-39100/- (Grade Pay 5400) and also advertised 1 post of Prachar Adhikari in the pay scale of Rs. 15600-39100/- (Grade Pay 5400). It is respectfully submitted that in exam scheme at page 19 thereof it has been provided that language subject will be compulsory & candidate will have to secure minimum marks of 35% in the same.” (f) Because petitioner submits that petitioner has qualified in the Computer exam and more than 90 marks has been awarded out of 100, hence merit must be made on the basis of assessment of other subjects since for other posts only one subject i.e. Hindi is mandatory qualifying subject. Hence petitioner having qualified in Computer, the other subject (including Hindi) must be assessed along with the order subjects without making Hindi a second qualifying subject. Hence petitioner having qualified in Computer, the other subject (including Hindi) must be assessed along with the order subjects without making Hindi a second qualifying subject. (j) Because petitioner submits that all the candidates also have qualified in Hindi taking it compulsory qualifying subject have been declared selected and petitioner has not been declared selected (vide result annexure no. 5 hereto) which indicated that the respondent no. 2 has not selected the petitioner due to non-qualification in second compulsory subject i.e. Hindi.” 4. We heard Mr. Dharmendra Barthwal, learned counsel on behalf of the petitioner and Mr. B.D. Kandpal, learned counsel appearing on behalf of the Commission/respondent no. 2. 5. Learned counsel for the Uttarakhand Public Service Commission would draw our attention to the fact that in the advertisement itself, it was specifically provided that a person should get 35 per cent minimum marks in Hindi subject. The total marks for the Hindi paper was 300. Therefore, the minimum cut-off for Hindi subject, prescribed as 35 per cent will translate as 105 marks; whereas, the petitioner secured only 74 marks. 6. This clearly shows that the petitioner has not fulfilled the criteria. Learned counsel for the Commission would point out that the petitioner has participated in the selection process knowing the criteria; he qualified in the preliminary examination and, thereafter, he has failed to secure the minimum marks. 7. We feel that none of the prayers, as sought by the petitioner, including the prayer to re-evaluate the answer sheet of Hindi, is liable to be granted by this Court in writ petition filed under Article 226 of the Constitution of India. 8. Accordingly, the writ petition is dismissed.