PRADEEP KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In all these writ petitions, which are before this Court, the petitioners have challenged the selection process which was undertaken by the State Government for the recruitment of Class-III posts, which are outside the purview of the State Public Service Commission. The examining body for the said selection for the year 2011- 2012 was Uttarakhand Technical Board of Education, Roorkee, Haridwar, which issued an advertisement on 20.12.2011, for these vacancies. It was a combined test for the Class-III posts in various Government Departments.

(2.) We are presently concerned with the posts of Junior Assistant in the Forest & Environment Department, Government of Uttarakhand for which each of the petitioners claimed to have contended and they had given their choices, and now states before this Court that they has not been selected and the candidates of lesser merit have been selected.

(3.) Briefly what has come out from the pleadings of the petitioners as well as the State Government and the examining body i.e. Uttarakhand Technical Education Board, is that the petitioners contend that in the advertisement the post of Junior Assistant was marked as a post where typing was not required or not an essential qualification. The case of the respondents, however, is that though initially in the advertisement by an inadvertence it was stated that typing is not an essential requirement for the above post, but thereafter during the selection process itself since they have received a letter dated 26.04.2013 from the Forest Department, annexing the relevant Rules of the Forest Department, where the post of Junior Assistant typing and knowledge of computer was essential qualification. According to the respondents, therefore, each of those candidates, who had given the aforesaid test, were also required to pass the typing test for which minimum typing speed was 4000 Key Depressions Per Hour (KDPH) and since the petitioners did not qualify the test, therefore, the petitioners could not be selected.