SONIYA VERMA Vs. STATE OF UTTARAKHAND AND ORS

JUDGEMENT

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

(2.) On 24.04.2010 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 Pauri Garhwal. The petitioner belongs to caste 'Sunar' which is scheduled as OBC in the State of Uttarakhand. In District Pauri Garhwal 32 posts of Assistant Accountants were advertised and out of total posts, one post was reserved for OBC women. The petitioner also fulfills the minimum qualification and she applied against the post reserved for OBC women in District Pauri Garhwal and submitted her credential alongwith her 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 Pauri Garhwal. Against the post of OBC woman, one candidate, namely, Gayatri Yadav was selected, who secured 125.75 marks. The name of the petitioner was placed in the waiting list of the candidates in OBC woman category for the said district.

(3.) Before appointment order could be issued, one Writ Petition No. 1066 of 2011 (SS) '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.