Allahabad High Court
Uttar Pradesh Public Service ... vs Ashok Kumar And 8 Others on 5 July, 2021
Bench: Munishwar Nath Bhandari, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 29 Case :- SPECIAL APPEAL No. - 112 of 2021 Appellant :- Uttar Pradesh Public Service Commission At Pryagraj Respondent :- Ashok Kumar And 8 Others Counsel for Appellant :- M.N. Singh,Govind Kumar Singh (Senior Adv.) Counsel for Respondent :- C.S.C.,Indresh Dubey,Shivendu Ojha Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Piyush Agrawal,J.
This appeal challenges the judgment dated 19th February, 2021 passed by the learned Single Bench allowing the writ petition preferred by the writ petitioners/non-appellants to challenge the decision of the U.P. Public Service Commission (for short "Commission") for allowing defaulter candidates to submit experience certificate even after the interview.
An advertisement was issued for Combined State / Upper Subordinate Services (PCS) General Recruitment / Physically Handicapped - Backlog / Special Recruitment Examination, 2018. The last date for submission of online application form was 6th August, 2018. The qualification given in the advertisement were as follows :
"Principal, Government Intermediate Colleges (For Boys or Girls)
(i) A Post-graduate degree from a University established by law in India or a degree recognised by the Government as equivalent thereto.
(ii) L.T Diploma of the Department of Education, Uttar Pradesh or B.T or B.Ed. or an equivalent Degree of a University.
At least three years teaching experience in High School or Intermediate Classes or Classes higher than above from a College or University established by law in India or any such Institution recognised by the Government."
As per Clause-10 of the advertisement candidates were required to be in possession of the required qualification on the last date of submission of the application form.
Question before the learned Single Bench was in regard to the experience certificate produced by the candidates. The facts on record show that many candidates failed to submit countersigned experience certificate. The proforma of the experience certificate is quoted herein for ready reference :
**izk:i&2 m0iz0 'kSf{kd ¼lkekU; f'k{kk laoxZ½ lsok lewg&**[k** mPprj ds vUrxZr iz/kkukpk;Z in gsrq vuqHko izek.k i= izekf.kr fd;k tkrk gS fd Jh@Jherh@dq0 ------------------------
firk@ifr dk uke ------------------------
irk ------------------------
laLFkk dk uke ------------------------
gkbZLdwy ;k b.Vj ehfM,V d{kkvksa ;k mijksDr ls mPprj d{kkvksa esa Hkkjr esa fof/k }kjk LFkkfir fdlh fo'ofo|ky; vFkok egkfo|ky; vFkok ljdkj }kjk ekU;rk izkIr laLFkk esa de ls de rhu o"kZ v/;kiu gsrq in ¼in dk uke½------------------------ ij fnukaad ------------------------ ls fnukad ------------------------ osrucS.M ------------------------ xzsM is ------------------------ dqy ifjyfC/k;ka ------------------------ dk;Zjr Fks@gSA g0@& uke & iz/kkukpk;Z@izca/kd@fjftLVªkj eqgj izfrgLrk{kfjr la;qDr f'k{kk funs'kd eaMy dk uke eqgj** The candidates were required to submit experience certificate complete in all respect. It is a fact that many candidates failed to submit experience certificate complete in all respect till entering into the main examination and even subsequently till the date of interview. The Commission issued circular on 6th July, 2020 to direct all the successful candidates to submit countersigned experience certificate while appearing in the interview. The relevant part of the circular is quoted hereunder for ready reference :
**mDr ds vfrfjDr vH;fFkZ;ksa dks lk{kkRdkj ds le; fuEufyf[kr izek.k&i= izLrqr djuk vfuok;Z gksxk %& ¼d½ m0iz0 ds vkjf{kr oxZ ds vH;fFkZ;ksa dks nkos ds leFkZu esa ¼osclkbV ij miyC/k½ fu/kkZfjr uohure izk:i ij tkjh fd;k x;k tkfr izek.k&i=A ¼[k½ dsUnz vFkok jkT; ljdkj esa dk;Zjr vH;FkhZ dks lsok;kstd }kjk tkjh vukifRr izek.k&i= ewy :i esaA ¼x½ iz/kkukpk;Z in gsrq lQy ?kksf"kr vH;FkhZ iwoZ esa tkjh foKfIr fnukad 27-06-2020 ds vuqlkj fu/kkZfjr la;qDr f'k{kk funs'kd ¼ts-Mh-½ }kjk izfrgLrk{kfjr vuqHko izek.k i= izLrqr djsaA mi;qZDr izek.k&i=ksa ds vHkko esa vH;fFkZ;ksa dk lk{kkRdkj fd;k tkuk lEHko ugha gksxkA** The circular/notification dated 6th July, 2020 was to invite the candidates for interview. It mandated production of countersigned experience certificate at the time of interview. The candidate fails to produce certificate was not be entitled for interview. The relaxation to produce the certificate was pursuant to their resolution to allow the candidates to submit experience certificate complete in all respect on the date of interview.
The experience certificate complete in all respect should have been submitted otherwise on or before the last date of submission of application. The Commission gave relaxation pursuant to their resolution and it was duly publicized. The candidates were allowed to submit countersigned experience certificate on the date of interview. The candidates submitted countersigned experience certificate on the date of interview were made eligible and there is no dispute about those candidates. The writ petitioners/non-appellants have not questioned their selection.
The Commission however allowed the defaulters to submit duly countersigned experience certificate even after the interview while drawing the provisional select list. This was questioned by the writ petitioners/non-appellants and has been addressed by the learned Single Bench. It was found that when there was a mandatory condition to submit countersigned experience certificate on the date of interview then further relaxation could have not been given by the Commission and thereby the writ petition was allowed.
Learned counsel for the Commission submits that permission to submit duly countersigned experience certificate subsequent to the date of interview was in consonance to the resolution of the Commission. The permission to submit countersigned experience certificate was only for those who had submitted certificate along with application but was not complete in all respect.
The permission aforesaid was to get the best meritorious candidates and therefore, the learned Single Bench should not have caused interference in the action of the Commission. The prayer is to allow the appeal.
We have considered the submission of the learned counsel for the parties. As per the advertisement, the candidate were to be in possession of the required qualification on or before the last date of submission of the application form. One of the qualification amongst others was three years' teaching experience certificate in High School or Intermediate Classes or classes higher than above from a College or University established by law in India. The proforma enclosed along with the advertisement shows in what manner the experience certificate was to be submitted. It was required to be countersigned by the authorities named therein.
The respondents conducted preliminary as well as main examination followed by the declaration of the result. The declaration of the result of main examination was with inclusion of those candidates who failed to submit countersigned experience certificate. The Commission took a decision to allow submission of the countersigned experience certificate on the date of interview. It was mandatory. It was made clear that candidate would not to be allowed for interview in case he/she fails to submit countersigned experience certificate. Those candidates, who remained successful in producing duly countersigned experience certificate on the date of interview were to be selected by the Commission but candidates failed to submit countersigned experience certificate were also kept on the provisional select list with a permission to submit such certificate within a period of 30 days thereupon.
The arrangement aforesaid was contrary to the circular dated 6th July, 2020 where production of duly countersigned experience certificate was mandatory at the time of interview. Once it was made mandatory, the subsequent relaxation by the Commission was nothing but in conflict with condition imposed by them itself. The candidates failed to submit countersigned experience certificate were not to be interviewed as per the circular dated 6th July, 2020 issued by the Commission itself.
In view of the above, the learned Single Bench had rightly accepted the writ petition preferred by the writ petitioners/non-appellants where the challenge was made to the decision of the Commission to allow the candidates to submit experience certificate after the interview going against the circular dated 6th July, 2020.
We find no merit in the appeal. The counsel for the Commission could not otherwise clarify as to how the judgment is effecting them. It is not an appeal by any of the candidate who may be effected by the judgment but surprisingly by the Commission. The Commission has indulge in unnecessary litigation and that too in a case where their action is contrary to a mandatory condition of the circular dated 6th July, 2020. Accordingly, appeal fails and is dismissed.
Order Date :- 5.7.2021
VMA
(Piyush Agrawal, J.) (Munishwar Nath Bhandari, A.C.J.)