Achal Kumar Pathik @APPELLANT@Hash State Of Uttarakhand And Another

Manoj K. Tiwari, J

By means of this writ petition, petitioner has sought following reliefs:-

“(i) Issue, writ, order or direction in the nature of certiorari to quash the impugned order/notice dated 11.05.2017 (Annexure-8) so far it relates to

cancellation of recruitment process on the post of Lecturer (Rubber & Plastic).

(ii) Issue, writ, order or direction in the nature of mandamus to directing the respondent No.2 to complete the recruitment process on the post of

Lecturer (Rubber & Plastic) as per advertisement dated 16.04.2015.â€​

Petitioner responded to an advertisement dated 16.04.2015 issued by Uttarakhand Public Service Commission (hereinafter referred to as

‘Commission’). By the said advertisement, applications were invited for the post of Lecturer in different subjects. Since, petitioner possessed

Bachelors Degree in Chemical Engineering (Specialization in Polymer Technology) and also Masters Degree in Chemical Engineering, therefore, he

applied for the post of Lecturer (Rubber and Plastic Technology). The selection process consisted of screening test followed by interview.

Pursuant to the admit card issued by the Commission, petitioner appeared in the screening test held on 27.09.2015, result whereof was declared on

9.02.2016, in which nine candidates including petitioner were declared successful for the post of Lecturer (Rubber and Plastic Technology).

Thereafter, on 17.11.2016, a supplementary result was declared, in which two more candidates were declared successful, thus increasing the number

of successful candidates, from nine to eleven.

On 15.02.2016, the Commission called upon all successful candidates to submit their documents up to 08.03.2016. Petitioner submitted his

documents. On 11.05.2017, the Commission issued a notification canceling the selection process on the ground that none of the successful candidate,

possessed the requisite educational qualification for the post of Lecturer (Rubber and Plastic Technology).

Thus, feeling aggrieved, petitioner has approached this Court challenging the notification dated 11.05.2017 issued by the Commission. A direction is

also sought to the Commission to complete the recruitment process for the post of Lecturer (Rubber and Plastic Technology).

It is contended on behalf of the petitioner that petitioner possessed Bachelors Degree in Chemical Engineering (Specialization in Polymer

Technology), therefore, he is eligible for appointment to the post in question, as such, the decision taken by the Public Service Commission to cancel

the selection process is capricious. Petitioner has relied upon conditions mentioned in the advertisement. Essential educational qualification for

Engineering posts is mentioned in clause (iv) (1) (ka) of the advertisement, English translation whereof is as follows:-

(ka) Essential Educational Qualification:-

(1) Bachelors degree in Engineering/Technology in concerned Branch with 55% marks or A.M.I.E. (India).

(2) Knowledge of Hindi.

Petitioner has placed reliance upon note 1 to clause (iv) (1) of the advertisement, which provides that where degree is not awarded in the

concerned subject or where candidates possessing such degree are not available, then candidate who has passed graduation with concerned subject as

optional or special subject, can be considered.

It is argued on behalf of the petitioner that Polymer Technology deals with synthetic materials including plastic, therefore, petitioner is eligible for the

post in question, as he possesses BE. (Chemical Engineering) (Specialization in Polymer Technology) qualification. Learned counsel for the petitioner

further submits that even if it is held that petitioner does not possess Bachelors Degree in concerned branch, then also petitioner is protected by note 1

to clause (iv) (1) of the advertisement, therefore, his candidature could not have been rejected outright.

Public Service Commission has filed a counter affidavit. Paragraph No.7 of the said counter affidavit is extracted below:-

“7. That out of the 8 successful candidates only 6 candidates have submitted their testimonials and certificates till the given time and after scrutiny

thereof it was found that none of them possess the required qualification of degree in Rubber and Plastic Technology. The matter was considered by

the commission and it was decided that since none of the candidate possess the required essential qualification and none of them further possess any

basic degree in which the relevant subject has been imparted as such decided to cancel selection process of 2 post of Lecturer in Rubber and Plastic

Technology and Commission forwarded these Post to the Government accordingly the decision dated 11.04.2017 was taken and notified by

Commission letters dated 11.05.2017. True copy of decision dated 11.04.2017 and letters dated 11.05.2017 is being filed herewith and marked

Annexure C.A. no.2 to this short counter affidavit.â€​

The decision for canceling the selection for the post in question was taken by the Commission in a meeting held on 11.04.2017. The minutes of the

said meeting are on record as Annexure No.9 to the writ petition. The reason assigned for canceling the selection is that Bachelors Degree is

awarded in Rubber and Plastic Branch, therefore, candidates who have passed graduation with concerned subject as optional or special subject cannot

be considered.

Sufficiency of qualification is a question, which pertains purely to an academic matter and Courts would hesitate to express a definite opinion,

particularly when it appears to the experts that a candidate do not fulfill the qualification.

However, in the present case, we find that import of note 1 to clause 4 (1) of the advertisement has not been properly considered by the

Commission, while taking the impugned decision. The latter half of note 1 to clause 4 (1) of the advertisement deals with a situation where no

candidate possessing Bachelors Degree in concerned subject is available, then candidates who have passed graduation with concerned subject as

optional or special subject can also be considered. This aspect has been overlooked by the Commission while taking the impugned decision.

In such view of the matter, the decision taken by the Commission to cancel the selection cannot be sustained.

Accordingly, the writ petition is allowed. The impugned order dated 11.05.2017 is quashed. Public Service Commission is directed to reconsider

the question of eligibility of the candidates including the petitioner in the light of note 1 to clause 4 (1) of the advertisement within a period of four

weeks.