UNION PUBLIC SERVICE COMMISSION Vs. CAPTAIN SOLANKI @ ASHWIN

JUDGEMENT

(1.) THIS writ petition filed on behalf of the Union Public Service Commission (UPSC) is directed against the order dated 11.11.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.263/2010 which had been preferred by the respondent No.1 inasmuch as he had not been called for the interview pursuant to the advertisement dated 24.01.2009 issued by the UPSC for calling applications for eight posts of Nautical Officers under the control of Department of Shipping.

(2.) THERE were two points on which the application of the respondent No.1 had been rejected and because of which he was not called for the interview which was held on 07.10.2009. The first point was that, according to the petitioner, the respondent No.1 had not submitted the requisite matriculation certificate which was a necessary condition for being considered for the said post. We need not labour on this aspect of the matter because the learned counsel for the respondents had produced the College Leaving Certificate which was of Bombay and which was equivalent to class XII. The learned counsel for the petitioner, as pointed out in paragraph 3 of the impugned order, had fairly considered this point. We are, therefore, left to consider the second point which is with regard to the essential qualifications possessed by the respondent No.1.

(3.) THE said application form also contained the general instructions for filling the application form. Instruction No.3 is relevant for our purposes and the same reads as under: -