AJAY KUMAR Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard Mr. Ajay Veer Pundir, learned Counsel for the petitioner and Mr. B.D. Kandpal, learned Standing Counsel for the respondent-Commission and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the impugned supplementary merit list dated 28.02.2020; and for a mandamus directing the Uttarakhand Public Service Commission (the "Commission" for short) to hold interviews for the post of Assistant Professor (Education) only on the basis of first merit list by deducting the elimination list.

(3.) Facts, to the limited extent necessary, are that an advertisement was issued by the Commission on 04.08.2017 inviting applications for 27 posts of Assistant Professors (Education). The petitioner, a member of the Scheduled Castes, applied pursuant to the said advertisement. The screening test was conducted and, thereafter, 85 candidates were selected for interview in the ratio of 1:3. While 81 candidates ought to have been called for interview, the last five candidates were called for interview as they had secured the same marks. After a written examination was held and the candidates were selected for interview, these candidates were directed to submit their testimonials in proof of their possessing the prescribed qualifications. 49 candidates were eliminated as they did not fulfill the eligibility criteria as stipulated in the advertisement, leaving 36 candidates eligible to appear in the interview. The petitioner is one among the 36 candidates in the first merit list who were found eligible to appear in the interview.