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2024 DIGILAW 611 (UTT)

Ravindra Kumar Singh v. Uttarakhand Public Service Commission

2024-09-27

MANOJ KUMAR TIWARI

body2024
JUDGMENT : MANOJ KUMAR TIWARI, J. 1. Since common questions of fact and law are involved in both the writ petition, therefore, these are being decided by this common judgment, however, for the sake of brevity, facts of Writ Petition (S/S) No. 238 of 2020 alone are being considered and discussed. 2. Uttarakhand Public Service Commission issued an advertisement dated 31.7.2017 inviting applications for appointment against 117 vacancies of Additional Private Secretary in Uttarakhand Secretariat Service. The essential qualifications mentioned in the advertisement for the said post are as follow: “(i) Bachelor’s Degree from any University established under law in India or any equivalent qualification recognized by the government and one year Computer Course Certificate from any institute/university recognized by the government. Or Bachelor’s Degree in Computer Science. (ii) Minimum speed of 80 words per minute in Hindi shorthand and minimum speed of 8000 Key-Depression per hour on computer in Hindi typing.” 3. The aforesaid advertisement provided that preference shall be given to those candidates who possess the following qualifications: “(i) Minimum two years service in territorial army. (ii) NCC ‘B’ Certificate. (iii) Minimum speed of 100 words per minute in English shorthand and minimum speed of 9000 Key-Depression per hour on computer in English typing.” 4. Petitioner responded to the said advertisement. He was permitted to participate in the preliminary examination and declared successful in the said examination. Thereafter eligibility list was issued by the Public Service Commission, in which petitioner was declared ineligible by holding that Computer Certificate relied by the petitioner was issued after the last date of submission of online application i.e. 21.8.2017. Petitioner filed objection against the decision taken by the Public Service Commission on 31.10.2019, which was rejected by the Secretary, Public Service Commission vide order dated 7.1.2020 by reiterating the stand taken earlier. Thus feeling aggrieved, petitioner has filed this writ petition. 5. By an interim order dated 17.3.2020, petitioner was permitted to participate in the main examination. Learned Senior Counsel for the petitioner submits that petitioner thereafter was permitted to appear in shorthand/typing test and his result has been kept in sealed cover and the same is yet to be declared. Learned Senior Counsel for the petitioner further submits that the ground taken for cancelling petitioner’s candidature is unsustainable. He refers to the advertisement dated 31.7.2017, enclosed at page no. Learned Senior Counsel for the petitioner further submits that the ground taken for cancelling petitioner’s candidature is unsustainable. He refers to the advertisement dated 31.7.2017, enclosed at page no. 472 of the writ petition, where it is mentioned that educational certificates shall be collected from the candidates, who are declared successful in the preliminary examination, after declaration of result of the main examination. He further submits that petitioner pursued Post Graduate Diploma in Computer Application from Dr. C.V. Raman University, Bilaspur, Chhatisgarh, which is a State University; petitioner successfully completed the said course in the month of July 2017 and his final result was declared online in the website on 31.7.2017. He refers to the online application form submitted by the petitioner pursuant to the advertisement, in question. In the application, petitioner has mentioned all qualifications possessed by him, including the qualification of Post Graduate Diploma in Computer Application, and he also mentioned the marks scored by him. Thus he submits that holding petitioner ineligible only on the ground that the physical marks sheet/certificate was issued by the University on 26.8.2017 is unsustainable. He submits that these days, every University/Examining Body/Selecting Body declares result online, which is as authentic as the physical marks sheet. He further submits that the Public Service Commission is not doubting veracity of the certificate or the marks sheet possessed by the petitioner or the marks indicated by him in his online application and the only objection raised by the Commission is that the physical marks sheet/certificate was issued after the last date of submission of online application. Thus he submits that petitioner is fully eligible and the objection raised by the Public Service Commission is hyper technical. 6. Per contra, Mr. Ashish Joshi, learned Counsel appearing for the Public Service Commission, refers to Clause (3) of the advertisement dated 31.7.2017 and contends that as per the said condition, every candidate must possess the essential educational qualifications and other qualifications on or before the last date of submission of online application i.e. 21.8.2017. He further submits that physical copy of marks sheet was issued by Registrar of the University on 26.8.2017 i.e. after last date of submission of application. 7. Submission made by learned Counsel for the Public Service Commission is bereft of merit. It is not in dispute that result of Post Graduate Diploma in Computer Application was uploaded by Dr. He further submits that physical copy of marks sheet was issued by Registrar of the University on 26.8.2017 i.e. after last date of submission of application. 7. Submission made by learned Counsel for the Public Service Commission is bereft of merit. It is not in dispute that result of Post Graduate Diploma in Computer Application was uploaded by Dr. C.V. Raman University, Bilaspur on 31.7.2017 and Uttarakhand Public Service Commission issued the advertisement, in question, on the same day i.e. 31.7.2017. Thus petitioner possessed the essential qualifications for appointment as Additional Private Secretary on 1.8.2017, while last date of submission of application was 21.8.2017. Merely because physical copy of the marks sheet and certificate was issued by the Registrar of the University on 26.8.2017 per se cannot be sufficient ground for holding him ineligible. 8. In such view of the matter, impugned orders dated 14.10.2019 and 7.1.2020 are liable to be quashed and the same are hereby quashed. Writ petitions are allowed. Secretary, Uttarakhand Public Service Commission is directed to declare the result of petitioners and recommend their name for appointment, if otherwise found eligible and suitable.