Dr. Rajeev Mohan Sharma vs State of Uttarakhand and Another

Rajeev Gupta, C.J.—They are heard.

Petitioner Dr. Rajeev Mohan Sharma has filed this writ petition for the following relief�s:

A) Issue a writ, order or direction in the nature of certiorari for quashing the office memorandum dated 23-4-2007 issued by Respondent No. 2 (Annexure 8) of this writ petition.

B) Issue a writ, order or direction in the nature of mandamus directing the Respondents to consider the candidature of Petitioner for appointment on the post of Veterinary Doctor.

C) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2 to permit to Petitioner for interview in pursuance of advertisement bearing No. 01 / Service / 2005-06 dated 26-2-2006 issued by Respondent No. 2.

D) Issue a suitable writ, order or direction which this Hon''ble Court may deem fit and proper in the circumstances of the case.

E) Award the cost of the petition in favour of the Petitioner.

The Petitioner, in substance, is seeking quashing of the Office Memorandum dated 23-04-2007 (Annexure 8) issued by Respondent No. 2 Public Service Commission, whereby the Petitioner''s candidature to the post of Veterinary Medical Officer, was rejected on the ground that the Petitioner was not registered with Uttarakhand Veterinary Council.

Petitioner Dr. Rajeev Mohan Sharma applied for the post of Veterinary Medical Officer in response to the Advertisement dated 26-02-2006. As per the said Advertisement, the last date for submitting the application, was 27-03-2006. The Petitioner''s application stands rejected vide Office Memorandum dated 23-04-2007 (Annexure 8).

The Respondents have filed their separate counter affidavits.

In the counter affidavit filed on behalf of Respondent No. 1 State of Uttarakhand, it has been stated that it was categorically stipulated in the Advertisement dated 26-02-2006 that the applicant to the post of Veterinary Medical Officer should be registered with Uttarakhand Veterinary Council and the Petitioner, admittedly, was not registered with Uttarakhand Veterinary Council on the last date of submission of the application form i.e. 27-03-2006. The Petitioner, therefore, according to this Respondent was not eligible for appointment to the post of Veterinary Medical Officer.

The second Respondent Public Service Commission, in its counter affidavit, has also taken the same stand that it was an essential requirement of the Advertisement dated 26-02-2006 that the applicant to the post of Veterinary Medical Officer, should be registered with Uttarakhand Veterinary Council and as the Petitioner, admittedly, was not registered with the Uttarakhand Veterinary Council, he was not eligible for the post of Veterinary Medical Officer.

Petitioner Dr. Rajeev Mohan Sharma, admittedly, was not registered with Uttarakhand Veterinary Council either on the date of submission of his application on the last date of the submission of the application i.e. 27-03-2006. Admittedly, the Petitioner applied for the registration with Uttarakhand Veterinary Council after 27-03-2006. In fact, the Petitioner was registered with Uttarakhand Veterinary Council on 09-04-2007.

A bare perusal of the Advertisement dated 26-02-2006 makes it apparent that the registration with the Uttarakhand Veterinary Council was essential requirement for the eligibility of a candidate for appointment on the post of Veterinary Medical Officer. The Petitioner''s reliance on the letter dated 14-09-2006 (Annexure 2) is of no help as the said letter stands superseded by the letter dated 21 -12-2006 (Annexure 3).

As the Petitioner did not fulfill the essential requirement of being registered with Uttarakhand Veterinary Council on the last date of submission of the application prescribed in the Advertisement for appointment to the post of Veterinary Medical Officer, the relief�s sought by the Petitioner in this writ petition cannot be granted.

The writ petition, therefore, is liable to be dismissed and is hereby dismissed.

No order as to cost.