ASHOK CHANDRA TAMTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. S.S. Yadav, learned counsel for the petitioner, Mr. C.S. Rawat, learned Additional Chief Standing Counsel for the State of Uttarakhand-respondents 1 and 2 and Mr. B.D. Kandpal, learned Standing Counsel for the Uttarakhand Public Service Commission-third respondent and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked by the petitioner seeking a writ of certiorari to quash the selection process, and the result of Music subject, dated 13.02.2020; a writ of certiorari to quash the advertisement dated 04.08.2017; a writ of mandamus directing respondents 1 to 3 not to issue appointment and posting orders, in favour of the selected candidates, in Music subject; a writ of mandamus directing the respondents to summon the records of Music subject along with the requisition sent by the Government; and to pass orders that the advertisement, for the post of Assistant Professor (Music), should specify the number of posts of Assistant Professor (Vocal Music) and Assistant Professor (Instrumental Music).

(3.) Facts, to the limited extent necessary, are that an advertisement was issued by the third respondent-Commission, on 04.08.2017, for recruitment to the post of Assistant Professors, among others, in Music. The last date for submission of the application form was 25.08.2017. The advertisement stipulated that, of these seven vacant posts of Assistant Professor (Music), three were reserved in favour of the Scheduled Caste category, two in favour of the Other Backward Classes category, and two were left open for the General category. On the petitioner submitting his application, in terms of the said advertisement, an admit card was issued to him, and he participated in the Screening Test on 05.05.2018. On his having qualified in the Screening Test, the petitioner was called upon to appear in the Interview and, thereafter, the marks of the interview were published on 13.02.2020. The petitioner belongs to the Scheduled Caste category and, while he secured 41 marks in the Interview, the fourth respondent, who is a Scheduled Caste Uttarakhand Female, was selected on the ground that she had secured 41.36 which is more than the marks secured by the petitioner.