Ganesh Kuwarbi vs State of Uttarakhand

@DELETEUPPERDATA

Sudhanshu Dhulia, J.—The petitioners before this Court were candidates for post of Group ''C'' posts in various Government organizations in the State of Uttarakhand. Petitioners responded to the advertisement against posts for the accounts cadre posts. According to the respondents, the petitioners did not have one of the essential qualifications for the post, which is that they were not having ''O'' Level Certificate in computer operation issued by an organization known as "Department of Electronics and Accreditation of Computer Courses" (from herein after referred to as the "DOEACC"). The petitioners filed these writ petitions during vacation and vide order dated 16-01-2014, the learned single Judge had passed following order:--

"Petitioners have responded to an advertisement dated 20th December 2011, whereby, inter alia, Group-29 Posts of Accounts Cadre have been advertised. One of the essential qualifications for the posts, applied for by the petitioners, is ''O'' Level certificate in computer operation.

It is contended by the learned Counsel for the petitioners that the petitioners have successfully done their diploma course from the recognized institute and they also possess certificate, which is higher than ''O'' Level certificate, but still the petitioners are not being permitted to appear in the computer typing test scheduled to be held on 18th January, 2014. It has further been contended that ''O'' Level certificate is being provided by DOEACC Society (now, NTELIT) only, and in the State of Uttarakhand, there is no institute of that society nor there is any other institution which gives ''O'' Level certificate in the computer science. Learned Counsel further contended that, in fact, by stipulating this condition, candidates belonging to the State of Uttarakhand are being denied the opportunity to compete for the Group-29 posts of Accounts Cadre advertised vide the advertisement dated 20.12.2011.

Learned Counsel for the respondent No. 2/Uttarakhand Technical Board submitted that the board has given liberty to every candidate to come in its office along with his/her papers of educational qualifications and, upon scrutiny, if it is found that any candidate is having valid ''O'' Level certificate or is otherwise eligible, he shall be allowed to appear in the typing test. Learned Counsel further submitted that it is open for the petitioners to approach the board.

In the facts and circumstances of the case and also keeping in view the submissions made by learned Counsel for the parties, it is directed that till the next date of listing, respondents shall not declare the final result of Group-29 posts of Accounts Cadre advertised vide advertisement dated 20.12.2011.

List on 18th February, 2014 in the daily cause list immediately after the fresh cases.

Meanwhile, i.e. before 18.1.2014, it is open for the petitioners to approach the board and submit their papers pertaining to the said educational qualification for scrutiny and, upon scrutiny, if they are found eligible for competing in the computer typing test, they shall be permitted to appear in the said test.

In case the petitioners are not permitted to appear in the aforesaid test, respondents shall file their respective counter affidavit before the next date of listing."

On the strength of the above interim order, all the petitioners were allowed to participate in the selection process and the petitioners have done so. However, their results have not been declared so far.

The only controversy before this Court is regarding the Certificates of computer knowledge. One of the essential qualifications in the advertisement is that petitioners must have knowledge of operating computer.

The contention of the petitioners is that DOEACC society does not have sufficient number of Institutions or organizations in the State of Uttarakhand and definitely there are not sufficient number of such organizations in the hill area which constitutes a large part of State of Uttarakhand. However, the petitioners have done a Course of computer operation which is recognized either by a university or by the State or Central Government. In many a cases the petitioners have higher qualifications than ''O'' Level Certificate, given by DOEACC.

Since, this Court was not an expert in this field, this Court vide order dated 09.04.2014 had directed the authorities to constitute a Committee to examine the computer operation certificates of the candidates, whether they have equivalent or higher qualification in such field. In compliance of this Court''s order, a Committee was constituted and such Committee examined the computer certificates of the petitioners and other candidates and after examination of the certificates, the Committee came to a conclusion that there is a partial similarity in the Course which the petitioners have done with the ''O'' Level computer course. The Committee further said that in case the Certificates are recognized by the organizations of the Central or State Government, their matter be considered sympathetically. This is the report which has been filed before this Court. However, in the aforesaid report, there is absolutely no clarity as to the worth of the computer certificates which each of the petitioners have except that these certificates are either by the University established by law or recognized either by the State or Central Government.

The insistence on ''O'' Level certificates issued by the DOEACC society in the present case does not appear to be reasonable, as this Court has been informed that there are not sufficient number of institutions in the State of Uttarakhand granting such Certificates. In fact, out of 145 only 59 candidates were having such certificates. By and large, the candidates who reside in hill areas have been ousted from the competition, as they do not have such certificates for the simple reason that the area to which they belong, DOEACC society does not have such institutions.

The report of the committee is also not very helpful to the petitioners as there is no clarity in the said report about the course which the petitioners had undergone except that in case the certificates are from recognized organizations of the Central or State Government, the matter be considered sympathetically.

In view thereof, this Court finds that since the intention of the Government was to see whether each candidates has computer knowledge and computer operating skills and if the candidates have undergone such course which gives them this ability and the course is recognized either by the State Government or by the University, then the Public Service Commission shall constitute a Committee which will comprise one representative of the Uttarakhand Public Service Commission and another representative of the Uttarakhand Technical Education Board and one representative appointed by the Principal Secretary, Technical Education, Government of Uttarakhand who would be an expert in the field of computer science, preferably from the recognized Institute in Uttarakhand such as Indian Institute of Technology.

The three members Committee shall examine the computer skill certificates of each of the petitioners and if such certificates are found to be recognized by the University or Government of India body or State Government then for such candidates a computer operation skill test be conducted, and if they are found to be up to the mark in the operation of computer and are judged to be skilled in computer, they be accordingly marked and recommendations made.

Since the entire result of the selection process is withheld, let the Committee be constituted immediately and the examination of the certificates be done by the Committee as early as possible but not later than eight weeks from the date of production of certified copy of this order. With the above observation and direction, all these writ petitions disposed of. No order as to costs.