PRADEEP KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No.1089 of 2013 dtd. 3/7/2014.

(2.) A selection process was sought to be undertaken by the State Government in the year 2011-12 for recruitment to Class III posts, which were outside the purview of the State Public Service Commission. The exercise of selection was entrusted to the Uttarakhand Technical Board of Education, Roorkee, Haridwar which issued an advertisement on 20/12/2011 for these vacancies. A combined test for Class III posts was conducted in various departments. The advertisement stipulated that, for some posts, typing was an essential qualification and for others it was not. The posts of Junior Assistants, in the Forest and Environment Department, Government of Uttarakhand, were categorized into two groups. For certain posts of Junior Assistants, the advertisement stipulated a typing test as an essential qualification, whereas, for other posts of Junior Assistants, it was held that this was not an essential requirement.

(3.) The appellant-writ petitioner applied for both the posts of Junior Assistants which required a pass in the typing test as an essential qualification, and for the posts of Junior Assistant which did not. He failed in the typing test held for candidates who sought appointment to the post of Junior Assistant which prescribed the qualification of a pass in the typing test. The Uttarakhand Technical Board of Education, thereafter, realized that, even for the other posts of Junior Assistant, the prescribed qualification was of passing the typing test. Consequently, those candidates who had appeared for participation in the selection process for both the posts of Junior Assistant with the qualification of a pass in the typing test, and for the other posts of Junior Assistant for which the advertisement did not stipulate a pass in the typing test as a requirement, the results of the typing test in the former were also made the basis for selection to the latter; and consequently, since the appellant-writ petitioner failed in the typing test held for the post of Junior Assistant for which the advertisement prescribed the qualification of a pass in the typing test, he was also declared ineligible to be considered for the post of Junior Assistant for which the advertisement did not prescribe a pass in the typing test as an essential qualification. Aggrieved thereby, the petitioner and others invoked the jurisdiction of this Court.