ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner appeared in the Combined State/Upper Subordinate Services Examination-2010 in which he was declared provisionally selected. At the time of interview, he was however required to submit his no objection certificate from his employer as he was employed with the State Government. On 28.8.2012 when the petitioner appeared before the interview board, he was interviewed and was required to give an undertaking that he would furnish the no objection certificate within 21 days. According to the respondents, the said certificate was not furnished within the said period of 21 days and as such, by order dated 12.3.2013 passed by the respondent no. 4 his candidature was cancelled on the ground that the petitioner did not furnish his no objection certificate within 21 days of the interview which was held on 28.8.2012. Challenging the said order dated 12.3.2013 passed by the respondent no. 4, this writ petition has been filed. Further prayer has been made for a direction to the respondents to grant appointment as Manager (Marketing & Economic Survey) in pursuance of the result as published by the U.P. Public Service Commission on 10.10.2012.

(2.) We have heard Sri Ashok Khare, learned Senior Counsel along with Sri Siddharth Khare, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondent no. 1 and Sri A.K. Sinha, learned counsel appearing for the contesting respondents no. 2, 3 and 4 (U.P. Public Service Commission). Pleadings between the contesting parties have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of finally at the admission stage itself.

(3.) The case of the petitioner is that on 28.8.2012 the no objection certificate was not available with the petitioner even though he had applied for grant of such certificate on 18.8.2012, before the institution where the petitioner was working. It is admitted to the respondents that such certificate was issued after the same being countersigned by the District Inspector of Schools on 3.9.2012. It is also the specific case of the petitioner that he visited the office of the U.P. Public Service Commission on 13.9.2012 and was issued a gate-pass to enter the premises of the Commission on the said date in which the purpose of visit was mentioned as 'for submission of no objection certificate'. The issuance of the gate-pass, (filed as Annexure-7) mentioning the said purpose of the visit of the petitioner in the premises of the Commission is admitted to the respondents. The issuance of the certificate and countersignature of the District Inspector of Schools has also been got verified by the Commission through a letter sent to the District Inspector of Schools, Allahabad by the Commission on 7.5.2013 to which the District Inspector of Schools, Allahabad has responded on 8.5.2013 intimating that no objection certificate of the petitioner was sent by the Principal of the College to the District Inspector of Schools on 3.9.2012 for countersignature, which was returned back on the same day after being countersigned by the District Inspector of Schools. Such communication has been filed by the petitioner as Annexure-1 along with the rejoinder affidavit. The same would go to show that the matter relating to the filing of the no objection certificate and its correctness was under consideration of the Commission even after filing of this petition.