MOHAMMAD HASNAIN RAZA Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Writ Petition is filed by a young law graduate who completed his three year LL.B course on 31.07.2019. His grievance in this Writ Petition is regarding the errata issued on 27.08.2019, to the earlier advertisement dated 01.06.2019, intimating that 13 additional vacancies, besides the originally advertised 15 vacancies, would be filled up in the ensuing selection process, for which the preliminary examination was scheduled to be held on 01.09.2019. The petitioner's complaint is that persons, similarly situated as he is, are thereby deprived of the opportunity of applying, and participating in the selection process, for being considered for appointment as Civil Judges (Junior Division) against these 13 vacancies for which a separate advertisement ought to have been issued, and an independent selection process undertaken.

(2.) The petitioner not only relies on Rule 20(1) of the Uttarakhand Public Service Commission (Procedure and Conduct of Business) Rules, 2013 (for short the "2013 Rules") but also on the judgments of the Supreme Court in Rakhi Ray and others vs. High Court of Delhi and others: (2010) 2 SCC 637; State of U.P. and others vs. Rajkumar Sharma: (2006) 3 SCC 330; Secretary, A.P. Public Service Commission vs. B. Swapna and others: (2005) 4 SCC 154; Arup Das and others vs. State of Assam and others: [order in Special Leave Petition (C) No.27 of 2012 dated 27.01.2012]; and Sri Kant Tripathi vs. State of U.P: (2001) 10 SCC 237, to submit that vacancies, beyond those which are advertised, cannot be filled up, since other eligible candidate may not have applied considering the limited number of advertised vacancies; and they may have submitted their application for being considered for appointment in case they were aware that the number of vacancies would be much higher than what was originally advertised.

(3.) Before referring to the judgments relied upon by the petitioner, it is necessary to note the circumstances under which the errata dated 27.08.2019 came to be issued, thereby increasing the number of advertised vacancies, in the post of Civil Judges (Junior Division), from 15 to 28. Initially an advertisement was issued on 28.12.2018 inviting applications for filling up 30 posts of Civil Judges (Junior Division). While the process of selection was underway, another advertisement was issued on 01.06.2019 inviting applications to fill up 15 additional posts of Civil Judges (Junior Division). The said advertisement stipulated that the last date for submitting applications would be 21.06.2019; and the vacancies mentioned in the advertisement could be subjected to variation. After the advertisement dated 01.06.2019 was issued, the High Court of Uttarakhand undertook the exercise of promoting judicial officers in the cadre of Civil Judge (Junior Division), to fill up eleven posts of Civil Judges (Senior Division). Since sufficient number of eligible candidates, with the minimum required service of five years as Civil Judges (Junior Division) were not available, and as there was an urgent need to fill up these vacant posts, the Uttarakhand Judicial Service Rules, 2005, prescribing a minimum of five years' service to be eligible for promotion, was amended and notified on 18.07.2019; and the minimum required service, for being considered for promotion as Civil Judges (Senior Division) was reduced from a minimum of five years to four years. Consequently, 11 posts of Civil Judges (Senior Division) were sought to be filled up.