GAURAV KUMAR PANT Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE State has not filed its counter affidavit. Learned Standing Counsel says that the State is only a proforma party as the main dispute is between the petitioner and Public Service Commission and the private respondents. Private respondent has filed another supplementary affidavit which is taken on record. Counsel for the petitioner submits that he does not wish to file the rejoinder affidavit.

(2.) HEARD Mr. Vijay Bhatt, Advocate for the petitioner, Mr. Subhash Upadhyay, Standing Counsel for the State of Uttarakhand, Mr. B.D. Kandpal, Advocate for Uttarakhand Public Service Commission and Mr. Arvind Vashisth, Advocate for respondent No. 4 on merit.

(3.) FROM the records which have been filed before this Court particularly letter dated 8.8.2011 which is a communication between Additional Secretary, Government of Uttarakhand and Secretary, Uttarakhand Public Service Commission, it reveals that the State Government has replied to certain clarifications of the Public Service Commission. The query of the State Public Service Commission on this aspect, which is presently before this Court, was that how can a mandatory condition of registration with the State Employment Exchange can be fulfilled by such persons who are already in employment either with the State Government/semi State Government or private institution and if such condition is imposed many of the candidates would be deprived from appearing in the selection process. To this query, the State Government replied that such persons who are already an employee under the Government Services and are desirous to appear or apply for class III posts in the State Government, for them the mandatory condition for registration with the State Employment Exchange will not be required. In other words, such employees working under the State Government were exempted from the said mandatory condition.