Uttarakhand High Court
Ajay Kumar Arya vs State Of Uttarakhand & Another on 19 May, 2012
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 640 of 2012
Ajay Kumar Arya ... Petitioner
Vs
State of Uttarakhand & another ... Respondents
Mr. M.S. Bisht, Advocate, present for the petitioner
Mr. N.S. Pundir, Brief Holder, present for the State of Uttarakhand
Mr. B.D. Kandpal, Advocate, present for respondent No. 2.
Hon'ble Sudhanshu, J.(Oral)
The petitioner was a candidate for an examination known as Assistant Regional Inspector (Technical) in the Regional Transport Authority, Uttarakhand. This examination was conducted by the
State Public Service Commission, inter alia, one of the essential qualifications for the said post was that the candidate must have completed three years Diploma Certificate in Mechanical or Automobile Engineering from a recognized institution and should have minimum five years experience. The petitioner have a diploma, but the experience he had was prior to the said diploma, therefore, the interview board rejected his candidature on ground that the experience is prior to obtain his Diploma Certificate.
2. I have perused the Rules pertaining to the said post wherein it has nowhere specified that the candidate must have experience after he has obtained the Diploma Certificate. This being the situation, the rejection of the non-consideration of the petitioner's candidature by the interview board, who has already qualified in the written examination, appears to be arbitrary.
3. It is hereby directed that though the result has been declared and the appointment letters may also be issued, respondent No. 1 is hereby directed to keep one 2 post in abeyance, which shall be subject to the decision of the writ petition.
4. Learned counsel for the respondents shall file counter affidavits within a period of three weeks.
5. List after four weeks.
(Sudhanshu Dhulia, J.) 19.05.2012 Aswal