UNION PUBLIC SERVICE COMMISSION Vs. GYAN PRAKASH SRIVASTAVA

JUDGEMENT

(1.) INVOKING the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner Union Public Service Commission (UPSC) has called in question the legal propriety of the order dated 11.3.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short ,,the tribunal) in O.A. No.2656/2010.

(2.) THE facts which are essential to be stated are that the respondent applied for the post of Legal Advisor-cum-Standing Counsel in the Land and Building Department, Govt. of NCT of Delhi but he was not called for interview scheduled to be held on 23.8.2010. Being dissatisfied with the said action of the UPSC, he knocked at the doors of the tribunal seeking a direction to the petitioner to call the respondent for interview. THE tribunal by its dated 13.8.2010, while issuing notice, passed an interim direction that the respondent should be interviewed on 23.8.2010 provisionally, subject to the outcome of the original application.

(3.) THE UPSC, as the factual matrix uncurtains, advertised and invited applications for the post of Legal Advisor-cum-Standing Counsel vide advertisement No.11 in the Employment News dated 13 19 September, 2009. THE requisite qualification for the said post was degree in law from a recognized University / institution and experience of 12 years as an Advocate, or as member of a State Judicial Service or equivalent service in the legal departments of Central / State Governments/ UTCS. THE respondent submitted his application on 30.6.2009 making a declaration that he was having the essential educational qualification and requisite experience. He enclosed a statement in form of Annexure-A giving details of his educational qualification in a statement format where the year of passing, and name of the institution/University from where the qualification was acquired were mentioned. Despite compliance of every aspect, he was not informed and called for interview by the UPSC. He submitted a representation and eventually approached the tribunal.