SUNIL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY Means of this Writ petition (he petitioner has sought the relief to issue a writ. order or direction in the nature of certiorari to quash the' impugned order dated 3.07.2003, Annexure No.8, to the writ petition, passed by the respondent No.3.

(2.) THE petitioner was appointed as Assistant Professor, Department of Electrical Engineering, College of Technology, in the G.P. Pant University, Pant Nagar, District Udham Singh Nagar. The post of Assistant Professor was advertised on 20 -7 -2002 in the employment news, inviting applications for appointment on all India basis. The petitioner appeared in the examination and he was appointed on the post of Assistant Professor. Electrical Engineering: The petitioner is a scheduled caste candidate and belongs to State of Uttar Pradesh. He is Chamar by caste. He is scheduled caste in the schedule of State of U.P. as well as State of Uttaranchal. It is evident from Part -XXIV of the Fifth Schedule 'appended to the Uttar Pradesh Reorganization Act, 2000, at serial No. 24 'Chamar' has been shown to be the scheduled caste. The advertisement very specifically states that the applications are invited from the deserving candidates from all over the country for the posts advertised and fee for the S.C. and ST. candidates was prescribed only Rs. 200/ - while for the general candidates it was Rs. 500/ -. The relevant extract of the advertisement is reproduced as under: "G.B. Pant University of Agril. & Technology, Pant Nagar, -263145, District Udham Singh Nagar (Uttaranchal) Employment Notice No. A -1/2002 Applications are invited from the deserving candidates all over country for the following posts on the proforma given below (to be typed on A -4 size paper ). For each post separate application alongwith all documents and the prescribed application fee of Rs. 500/ - (Rs. 200/for SC/ST candidates) through University Cash receipt or crossed Bank Draft drawn in favour of COMPTROLLER, G.B. PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY payable at State Bank of India, Pantnagar (Branch Code No. 1133) should be sent to Chief Personnel Officer (Recruitment Section) of the University latest by"¢ 19 -6 -2002. The application fee is not refundable in any case. Incomplete applications and applications received after due date will not be accepted. The minimum eligibility qualifications of candidate win be determined on the closing date of receipt of applications. Pay scales: Professor: Rs. 16,400. -22,400, Associate Professor : 12000 -18300, Assistant Professor/Assistant Director Physical Education/Assistant Librarian Rs. 800.0./13,500. N.E.T. for Assistant Professors Only: Preference will be given to the candidates who have qualified NET or equivalent examinations conducted by UGC/CAR or some other Central Agency. However, in case NET qualified candidates are not available the eligibility shall be open to other candidates also. Reservation: The vacancies are advertised under the reservation roster supplied by the Uttaranchal Govt. For Horizontal Reservation: If no candidate is available or not found suitable against the post earmarked under the horizontal reservation, the post shall be filled through suitable candidate of the original category. However, incase the post remains vacant, it shall be readvertized with horizontal reservation, whatsoever. Abbreviations: SC = Scheduled Castes, OBC = Other Backward Classes, NET= National Eligibility Test, UR= Unreserved. ..........."

(3.) FROM the perusal of the above quoted advertisement, it is evident that the applications for S.C. and S.T. candidates were invited from the deserving candidates all over the country. The vacancies were advertised as per roaster supplied by the State of Uttaranchal. Meaning thereby the S.C. and S.T. candidates selected against the reserved posts were to be given posts. as per roaster. Roaster is only to facilitate and implement the reservation. By virtue of the advertisement, applications from the candidates belonging to S.C. and S.T. from all over the country were invited and it cannot be confined to State of Uttaranchal only. In the counter affidavit it has been stated that since the roaster was applicable to the State of Uttaranchal and therefore only the candidates of S.C. belonging to State of Uttaranchal were eligible to be considered for appointment and taking in view the direction of the Government, the University has passed the impugned order. The Government has not applied its mind on the language of the advertisement and directed the University to terminate the services of the petitioner vide order dated 26 -6 -200.3, passed by the Principal Secretary, Irrigation/Commissioner without pursuing and considering the advertisement issued by the university. It is settled law that the selection and appointment shall be made strictly in accordance with the terms and conditions of the advertisement as held by the Apex Court -in the matter of N. T. Bevin Katti etc. versus Karnataka Public, Service 'Commission and others AIR 1990 Supreme Court 1233, the relevant portion reads as under: "Where advertisement is issued inviting applications for direct recruitment to category of posts, and the advertisement expressly states that selection shall be made in accordance with the existing Rules or Government Orders, and if it further indicates the extent of reservations in favour of various 'categories, the selection of candidates in such a case must be made in accordance with the then existing Rules and Government Orders. Candidates who apply, and undergo written or viva voce test acquire vested right for being considered for selection in accordance with the terms and conditions contained in the advertisement, unless the advertisement itself indicates a contrary intention."