RITESH Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) On 21.04.2010 an advertisement was issued by respondent no.2 whereby applications for appointment on the post of Assistant Accountant were invited. The petitioner also applied for the said post from District Almora. The petitioner belongs to general caste. In District Almora 21 posts of Assistant Accountants were advertised and out of total posts, 13 posts were for general category. The petitioner also fulfills the minimum qualification and he applied against the post in District Almora and submitted his credential alongwith his application form. The petitioner was permitted to appear in the written examination and on the basis of written examination, a merit list of selected candidates for the post of Assistant Accountant in Treasuries/Sub Treasuries was prepared for District Almora, in which 8 general category candidates were declared successful and petitioner's name was placed at serial no. 10. It is asserted that the report of scrutiny committee in respect of district Almora demonstrates that the certificates of Sunil Pandey, Ashish Pant, Mukul Mishra, Gokul Chandra Pandey, Kheempal Singh, Mahesh Chandra, Rajesh Chandra and Smt. Tara Pathak were found invalid. It is asserted that the name of petitioner is at 2nd position in the waiting list.

(3.) Before appointment order could be issued, one Writ Petition No. 1066 of 2011 (S/S) 'Ritesh vs. Director Treasury & Financial Services and ors.' was filed in which an stay order was passed on 19.08.2011 directing the respondents not to take further action in the selection process conducted by the University for the post of Assistant Accountant. The said stay order was continued till 01.11.2011 when the said writ petition was finally decided. The ground raised before the Court in that writ petition was that some of the candidates have been selected while they have not done the one year Diploma course as provided in Rule 8 (2) of Uttarakhand Koshagar Subordinate Cadre Service (Amendment) Rules, 2010, which provides that a candidate must have the degree in Commerce from a recognized University or Post Graduate Diploma in Accountancy and 'O' level certificate from the Department of Electronics Accredited Computer Course (DOEAC), which is Organization of Central Govt. or one year computer course certificate from any University or Institute recognized by any State or Central Govt. with 5000 key depression per hour speed in typing on the computer.