Smt. (Dr.) Alka vs U.P. Public Service Commission <BR>Dr. Sanjeev Kumar Vs State of U.P. and Others

Sri Vivek Kumar Mishra, appears for the Petitioner in writ petition No. 62901 of 2009. Sri H.N. Singh, appears in writ petition No. 48718 of 2010. Sri V.P. Varshney represents for the U.P. Public Service Commission. The learned standing counsel appears for the State Respondent.

Smt. (Dr.) Alka has filed the writ petition No. 62901 of 2009 alleging that she had applied for appointment as Homeopathy Medical Officer in pursuance to the advertisement No. 02/2007 issued by the U.P. Public Service Commission, Allahabad (hereinafter called as the Commission). Due to inadvertent and oversight, she could not annex registration certificate along with the application form. Her candidature was rejected by the Commission. In para 9 of the writ petition it has been stated that as soon the Petitioner received communication from the Commission of the rejection, she submitted her registration certificate on 5.11.2009. When she was not called for the interviews, she filed the writ petition with the prayers to permit her to appear in the interviews, for selection and appointment.

On 28.11.2009, the Court passed the following order.

List has been revised.

None is present on behalf of the Respondent.

Three weeks'' time is granted to file counter affidavit.

Rejoinder affidavit may be filed within two weeks thereafter.

We have been informed that the interview for the post of Medical Officer (Homeopathy) of the Petitioner in pursuance of the advertisement No. 02/2007 is still going.

We permit the Petitioner to appear in the said interview provisionally. The result shall not be declared without leave of the Court.

In the counter affidavit, the Respondent Commission has not given any specific reply to para 9 of the writ petition, and has not denied that the Petitioner holds a degree of Bachelor of Homeopathy & Medical Sciences, and also registered with Homeopathic Medicine Board, U.P. Lucknow vide Registration Certificate No. 25887 dated 19.3.2003. Since the Commission has not denied that the Petitioner is registered with Homeopathic Medicine Board, U.P., and has subsequently received the registration certificate before the date of interviews, we direct the Commission to declare the result of the Petitioner.

The writ petition No. 62901 of 2009 of Smt. (Dr.) Alka is consequently allowed.

Dr. Sanjeev Kumar, the Petitioner in writ petition No. 48718 of 2010 applied and was interviewed in the same selections, for appointment as Medical Officer (Homeopathy) vide advertisement No. 02/2007-08 published in newspapers on 31.8.2007. Out of 191 posts, 46 were reserved for the OBC category. It is alleged that result of only 42 posts of OBC category were declared. The remaining four posts were not filled up.

Sri H.N. Singh, learned Counsel appearing for the Petitioner Dr. Sanjeev Kumar submits that the result of one of the candidates namely Smt. (Dr.) Alka (Petitioner in writ petition No. 62901 of 2009) has not been declared, on account of the fact that she was permitted to appear in the interviews in pursuance of the order of this Court, passed in her writ petition, and her result was not to be declared without the leave of the court.

He submits that in the counter affidavit, the Commission has explained that the vacancies in OBC category were reduced by four, and a corrigendum in this regard was issued on 27.7.2009. The Petitioner''s selection has been withheld only on account of interim order of the court in favour of Dr. (Smt.) Alka.

By this judgment, we have allowed the writ petition No. 62901 of 2009 - Smt. (Dr. ) Alka, directing the Commission to declare her result.

It is alleged that the Petitioner Dr. Sanjeev Kumar scored 60 % in interviews, however the last selected candidate in the OBC category also scored same marks i.e. 60 % in the interviews. He was recommended for appointment on the ground that he was older in age.

Sri H.N. Singh submits that if Dr. (Smt.) Alka also in the category of ''OBC'' does not succeed, the Petitioner will have a right to be included in the select list.

Since we have allowed the writ petition of Dr. (Smt.) Alka, and directed the Commission to declare her result, this writ petition is also consequently disposed of with directions that if Dr. (Smt.) Alka does not get selected, the Commission will consider the claim of the Petitioner Dr. Sanjeev Kumar in accordance with the merit position and the category in which he appeared in the selection.