RAKESH KUMAR JAISWAL Vs. CHHATTISGARH PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Rejoinder has been filed on behalf of the petitioner. As the pleadings are complete, therefore, it was decided to dispose of this matter finally at the admission stage itself. By this writ petition filed under Article 226/227 of the Constitution of India the petitioner has questioned the legality, propriety and correctness of the order dated 7-12-2004 (Annexure P-1) whereby the petitioner's application for appearing in the interview for the post of Deputy Director has been rejected by respondent No. 1, Chhattisgarh Public Service Commission on the ground that the petitioner does not possess the requisite experience as per the eligibility criteria. Brief facts leading to filing of this writ petition are that on a requisition received from the Department of Education respondent No. 1 herein vide Annexure P-2 invited the applications for filling up the vacancies in the Education Department to the posts of Deputy Director (Education). D.I.E.T. (District Institute of Educational Training) Principal and Lecturers (Education College Cadre). In response to the said advertisement the petitioner herein also sent an application for the post of Deputy Director. However, his application was rejected vide communication Annexure P-1 sent by respondent No. 1 Public Service Commission on the ground that the petitioner does not possess the requisite experience. The controversy involved in the matter is the interpretation of the eligibility criteria for appearing in the interview of the post of Deputy Director. English translation of that reads thus : '(i) for the post of Deputy Director the candidate must possess 2nd class post graduation degree of any recognized University and in the experience clause it has been mentioned that (ii) the candidate must have 10 years teaching experience of Higher Secondary Classes and minimum 3 years administrative experience.

(2.) The case of the petitioner is that as far as first criteria is concerned, the petitioner possess the experience of teaching of Higher Secondary Classes and certificate to that effect is Annexure P-4 and the same has not been made ground for rejection of the application of the petitioner. Further case of the petitioner is that in the year 1996 he was selected as Grade II, i.e., Chief Municipal Officer by the Public Service Commission and since March, 1996 he is working on that post. Presently, he is working on the post of Deputy Commissioner, Nagar Nigam, Raipur, therefore, as per the advertisement inviting applications he possess the requisite experience.

(3.) Whereas, reply of the respondent No. 1 is that in order to become eligible for the post of Deputy Director the candidate must possess 3 years of administrative experience in the field of Education and not in other departments, which was the requirement of the notification dated 9-7-2003. The post of Deputy Director (Education) is a post of administrative nature controlling and co-ordinating various teaching institutions at the Primary, High and Higher Secondary level, therefore, any other administrative experience of any other department can not be considered to be an administrative experience for the post of Deputy Director (Education). Accordingly, a requisition was sent by the Deputy Director Public Instructions, Chhattisgarh to the Public Service Commission requesting the Public Service Commission to recruit the candidate for the post of Deputy Director (Education) vide Annexure R-1. Further case of the respondents is that even according to Schedule 3 of the M.P. School Education Gazetted Service Recruitment and Promotion Rules, 1982 (hereinafter referred to as 'the Rules') minimum qualification for the post of Deputy Director (Education) is Post Graduate degree (minimum IInd Division) Arts, Commerce, Science or equivalent qualification. 10 years experience administration and teaching at the Higher Secondary School level of which at least 3 years must be on the administrative side.