VINOD KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Niranjan Bhatt, learned counsel for the petitioner, Mr. C.S. Rawat, learned Additional Chief Standing Counsel for the State of Uttarakhand and Mr. S.S. Chauhan, learned Standing Counsel for the second respondent-URRDA and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner, an Assistant Engineer having more than ten years' experience in the said post, has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the advertisement dated 28.08.2019 in so far as it excluded Assistant Engineers, having ten years' experience, from participating in the selection process; and a writ of mandamus commanding and directing the respondents to complete the selection process, for deputation to the post of Executive Engineer, pursuant to the advertisement dated 30.07.2018.

(3.) An advertisement was initially issued on 30.07.2018 inviting applications for appointment, on deputation, to the post of Executive Engineer (Civil) with the Uttarakhand Rural Road Development Agency set-up for implementation of the Pradhan Mantri Gram Sadak Yojana, from government departments on the basis of deputation. The qualifications prescribed, for being considered for appointment on deputation as Executive Engineer (Civil), was that the applicant should either have been posted as an Executive Engineer (Civil), or should have ten years' experience as an Assistant Engineer (Civil). While the petitioner was not an Executive Engineer (Civil), he applied for appointment, on deputation, to the post of Executive Engineer (Civil), since he held the prescribed qualifications of ten years' experience as an Assistant Engineer (Civil). The said advertisement also required the applications to be forwarded through the Head of the Department.