ATUL KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This intra-Court appeal has been filed under Chapter VIII Rule 5 of the High Court Rules against the judgment passed in writ petition No. 28151 of 2012 dated 30th of August, 2012 whereby a learned Single Judge of this Court has dismissed the aforestated writ petition. The basic facts of the matter are not much in dispute. The respondent No. 3/Electricity Service Commission issued an advertisement inviting applications for filling up 2974 posts of Technician Grade-II (Apprenticeship Electrical) in the U.P. Power Corporation. The said advertisement was given wide publicity and in response thereto 16712 applicants have applied for the posts in question. The advertisement provides the following qualifications :

(2.) The selection was to take place on qualifying the written examination and interview. On 7th of August, 2011 written examination was held. The result was declared and published on 20th October, 2011. 27th November, 2011 to 28th December, 2011 was the period fixed for holding interview of the candidates successful in the written examination.

(3.) One Raj Kumar Sonekar, a successful candidate in written statement filed writ petition No. 72853 of 2011 before this Court for a writ of Mandamus praying that he should be allowed to participate in the interview even in absence of DOEACC certificate. It may be placed on record that the service in question is governed by the U.P. Vidyut Parishad Parikshayen Karamchari Work Seva Niyamavali, 1995. The service rule was amended on 29th of January, 2012 (as stated in the counter-affidavit of the respondents) by providing an additional qualification i.e. 80 hours Course of Computer Concept (CCC). To qualify, the candidates should possess such certificates issued by DOEACC. It was felt by the respondents that the grievance of such candidates who have done the Course of Computer Concept (CCC) and have not been issued the requisite certificate is genuine. Requisite certificates were not issued to a very large number of such candidates. Taking a note of the said difficulty, as stated in the counter-affidavit, the Secretary of respondent No. 3 issued a press note by giving wide publicity that such candidates who have completed 80 hours CCC Computer Course from DOEACC can produce the certificate of successful completion of the course within three months. A copy of the said press note is Annexure-CA 3 to the counter-affidavit.