NARENDRA SINGH RANA Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) UTTARAKHAND Public Service Commission advertised several posts of Junior Engineers vide notification/advertisement dated 25.8.2011, Annexure No. 1 to the writ petition. As per condition no. 17 (5) of the advertisement, successful candidates in the written examination would be provided with conventional application form by the Commission. As per condition no. 17 (6), conventional application forms, as provided by the Commission were to be filled up and submitted alongwith required certificates/marksheets at the time of interview or anytime before the interview. Result of written examination was declared on 11.4.2013, Annexure No. 4 to the writ petition. As per clause (2) of the result, date to receive conventional application form and for the interview would be published in the newspaper and would be made available on the website i.e. . Thereafter, advertisement was issued by the Commission on 12.4.2013 informing all the successful candidates in the written examination to download main application form from Google Chrome Browser and to submit it online and one printout was required to be submitted alongwith all documents by Registered Post.

(2.) MR . S.K. Mandal, learned counsel for the petitioner contended that since notification inviting applications specifically provided that conventional application form would be provided to the successful candidate in the written examination by the Commission and were to be submitted at the time of interview or at any time before interview, therefore, it was not open to the Commission to alter condition no. 17 (5) and (6) of the advertisement asking the candidates to download the application form from Google Chrome Browser and to submit it online and to submit another copy by way of Registered Post. Mr. S.K. Mandal, further contended that advertisement dated 12.4.2013 was published in the newspapers having circulation only in Uttarakhand while at the relevant time, petitioners were working outside the State of Uttarakhand. Further contends that since all eligible Indian citizens could apply for the post advertised, therefore, advertisement ought to have been issued in the newspapers having circulation throughout the territory of India. Further contended that even otherwise application form could easily be made available on the website of the Commission instead of making application form available on Google Chrome Browser. It is further contended that petitioners were under impression that conventional application forms would be sent to them by Registered Post and were required to be submitted at any time till the date of interview, therefore, petitioners could not fill up the application form and ultimately could fill up the same at the time of interview under the interim order passed by this Court dated 23.5.2013, which were found in order and petitioners were allowed to participate in interview and were declared on merit successful, therefore, keeping in mind "Principle of Equity" selection of the petitioners should not be disturbed.

(3.) ON the other hand, Mr. B.D. Kandpal, learned counsel appearing for the Commission contended that this Court in Writ Petition No. 183 of 2011 (Savita Chandola v. Uttarakhand Public Service Commission) as well as judgment in the case of Sanjay Kumar Kumiyal v. Uttarakhand Public Service Commission and others, 2011 1 UD 148 has held that application forms received beyond stipulated time should not be accepted and candidature of such candidate is liable to be rejected. Mr. Kandpal further contended that since petitioners did not submit main application form online, as required by the advertisement dated 12.4.2013, therefore, petitioners' candidature are liable to be rejected and petitioners cannot take benefit of interim order passed by this Court on 23.5.2013.