AJAY KUMAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) P. C. Verma, J. The pe titioner appeared for the Combined Civil Services Examination, 1998 conducted by the Uttar Pradesh Public Service Commission. His Roll number was 130504. His date of birth was 25-07- 1974. His educational qualification was a post-graduate in Arts. Page 2 of Annexure 4 shows the post preferred by the petitioner. They are (1) Deputy Col lector, (2) Deputy Superintendent of Po lice, (3) Asstt. Regional Transport Of ficer, (4) Trade Tax Officer, (5) Addi tional District Development Officer (So cial Welfare), (6) Associate District In spector of Schools / District Basic Edu cation Officer i. e. B. S. A. (Basic Shiksha Adhikari) / other equivalent Administra tive Post in the Hill cadre. There are other posts also preferred by the peti tioner, but they are not mentioned as they are not relevant for the purpose of this case.

(2.) THE result of the examination was published on 23-11-1998. Annexure R. A. 2 produced alongwith the rejoinder affidavit shows that the petitioner's Roll No. 130504 was included among the candidates selected for the executive group. THEre are two executive groups mentioned and the petitioner is included in the second executive group. THE other groups mentioned in the Annexure R. A. 2 are Vanijya (commerce) group and Vishesh Bharti (special recruitment) group. In the result published in Dainik Jagran on 25-12-1998 as seen from Annexure R. A. 2, the petitioner's Roll Number was included along 187 candi dates selected. Annexure 5 is copy of the result published in the same news paper, in which the roll number and the name of the petitioner are shown under the heading posts Basic Shiksha Adhikari (H ). It means that the peti tioner was selected / allotted for the post of Basic Shiksha Adhikari (Hill cadre ). As per Annexure P-6 order dated 2/- 09-1999, the petitioner was appointed as Principal, G. I. C. Dangi (Pauri Garhwal ). Later by Annexure P-8 order dated 2/- 12-1999, Annexure P-6 order was modi fied to the extent of posting the petitioner as Principal, Government Interme diate College, Mussoorie. Since then, the petitioner has been working as Prin cipal, Government Inter College, Mussoorie,

(3.) AT the same time, learned coun sel for the petitioner pointed out that the essential qualifications for the posts of Principal, Government Inter College are (1) post graduate degree, (2) L. T. di ploma / B. T. / B. Ed. , (3) Experience mentioned in Rule 8 of the U. P. Educa tional (General Education Cadre) Serv ice Rules. He points out that the peti tioner is a mere postgraduate and he did not have any L. T. diploma or B. T. or B. Ed, and required experience and hence he could not have been appointed to the post of Principal, Government Inter College. Learned counsel also points out that according to Rule 10 of the U. P. Educational (General Education Cadre) Service Rules, the minimum age required for the post of Principal is thirty years and the petitioner had not complete s the age of thirty years when he was ap pointed as Principal. For that reason also, he was not eligible to be appointed as Principal.