Zahid Hasan vs State of Uttarakhand and Others

V.K. Bist, J.

CLMA No. 8517/10 (Delay Condonation Application)

Heard learned Counsel for the parties.

The delay condonation application is allowed. Supplementary counter affidavit is taken on record.

On 9th February, 2004, an advertisement was issued by District Basic Education Officer, Haridwar inviting applications for appointment on the post of Assistant Teacher (Urdu) in District Haridwar. Petitioner applied for the said post. Admit card was issued to the Petitioner asking him to appear in the written test on 6th March, 2005. On 10th July, 2008 the Addl. District Education Officer (Basic), Haridwar wrote a letter to the Petitioner asking him to appear before the District Selection Committee on 15th July, 2008. In pursuance of said letter, the Petitioner appeared before the Selection Board and he also produced certificates relating to educational and also other certificates as required by the Addl. District Education Officer (Basic), Haridwar. Some of the candidates made complaint before the Lok Ayukt in which notice was issued to the District Education Officer (Basic), Haridwar. The District Education Officer, Haridwar submitted a list of selected candidates before the Lok Ayukt in which name of the Petitioner finds figure at Sl. No. 84 of the selected candidates. Total 92 candidates were selected for appointment. Thereafter, Petitioner came to know about the fact that 7 candidates, namely, Abdul Rahman, Mohd. Zakir Hussain, Mohd. Ayub, Samim Ahmed, Mohabbat Ali, Tohidulla Khan and Mohd. Islam, who were below in the merit list, were given appointment, but the Petitioner was not offered appointment. Petitioner contacted to Respondent No. 3 i.e. District Basic Education Officer and requested for appointment but appointment order was not issued in Petitioner''s favour. Thereafter, present writ petition was filed seeking directions to the Respondents to give appointment to the Petitioner on the post of Assistant Teacher (Urdu) on the basis of select list. Petitioner has annexed a copy of no objection certificate with the petition, issued by his employer.

Counter affidavit on behalf of Respondent Nos. 2 & 3 has been filed, in which merit of the Petitioner has not been denied. Only ground for not offering appointment to the Petitioner is given in paragraph No. 3(iii) of the counter affidavit mentioning therein that at the time of submitting application form, the Petitioner had concealed the fact that he is in active service under the Agriculture Department of Govt. of Uttarakhand and he had also not enclosed ''No-objection'' certificate with his application form and had not mentioned this fact in his application form. Therefore, the only objection of the Respondents is that the Petitioner has not disclosed that he is working somewhere else and has not annexed any ''No-objection'' certificate to this effect with his application form.

I have seen the advertisement as well as the application proforma. In the advertisement, it is nowhere mentioned that a candidate is required to submit ''No-bjection'' certificate from his employer at the time of submission of application form. Although no-objection certificate from an employer is an essential condition, but that can be obtained and can be submitted prior to joining on the selected post and in the case in hand, the employer of the Petitioner has issued ''No-objection'' certificate to the Petitioner. Even in the proforma application form, there appears no such column in which such information can be filled, therefore it cannot be said that the Petitioner has concealed anything.

For the reasons as narrated above, the writ petition is allowed. The Respondents are directed to give appointment to the Petitioner forthwith on the post of Assistant Teacher (Urdu) in pursuance of the advertisement dated 9th February, 2004. The Petitioner shall also be provided his due seniority according to the merit list. In case, all general category posts are already filled, the Respondent No. 1 shall take appropriate steps for creation of additional post for a period till a clear vacancy occurs in general category. The whole exercise shall be completed within a period of three weeks from the date of production of a certified copy of this order.

All pending applications stand disposed of.