TRILOCHAN Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION & ANOTHER

JUDGEMENT

(1.) Heard Mr. Vinay Kumar, learned counsel for the petitioner, Mr. B.D. Kandpal, learned Standing Counsel for the Uttarakhand Public Service Commission and Mr. S.S. Chaudhary, learned Brief Holder for the State and, with their consent, this writ petition disposed of at this stage.

(2.) The dispute in this writ petition relates to filling up the posts of Assistant Professors (Commerce), in various Govt. Degree Colleges of the State of Uttarakhand. A requisition was sent to the Public Service Commission to fill up 61 posts of Assistant Professors, out of which 21 posts were in the General Category. Among these 21 posts 6 posts were reserved in favour of women, 1 post in favour of ex-servicemen, 1 post in favour of the dependents of freedom fighters, and the other for the physically handicapped. As no eligible candidates were available under the General Category, from among the dependents of freedom fighters, ex-servicemen, and the physically handicapped, the post earmarked for the physically handicapped was carried forward, while the posts earmarked for the dependents of freedom fighters and ex-servicemen were added to the General Category posts; and, consequently, in order to fill up these 14 posts, candidates were called for interview, on their having qualified in the written examination, in the ratio of 1:3 i.e. 42 candidates were called for interview to fill up these 14 posts. The last candidate, who qualified for interview under the General Category, secured 138 marks; and since the petitioner had only secured 136 marks, and there were other candidates who secured more marks than him, the question of calling him for interview did not arise.

(3.) The petitioner's grievance in this writ petition is with regards the failure of the Uttarakhand Public Service Commission to call candidates for interview in the ratio of 1:3. As is stated, across the Bar, by Shri B.D. Kandpal, learned Standing Counsel for the Uttarakhand Public Service Commission, 42 candidates were called for interview in order to fill up the 14 posts available, under the General Category, for appointment to the posts of Assistant Professors; and the requirement, of calling candidates for interview in the ratio of 1:3, was fulfilled. In any event, as is stated by Shri B.D. Kandpal, learned Standing Counsel for the Uttarakhand Public Service Commission, the 42nd candidate, who stood qualified to appear in the interview, secured 138 marks. It is not as if the petitioner is the next qualified candidate as, according to Shri B.D. Kandpal, learned Standing Counsel, there are others who secured more marks than him, but were still not called for interview as they also fell beyond the ratio of 1:3.