ASHOK KUMAR BHARTI Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Ashok Kumar Bharti has filed this writ petition praying that U. P. Public Services Commission, Allahabad be commanded to recommend the name of the petitioner as a candidate selected on the basis of the combined State/upper Subor dinate Services (Mains) Examination, 1993. During the course of argument this prayer was confined for the post of Sub-Registrars which was said to have been included in the mains examination of 1993. At the time this writ petition was filed a counter affidavit was called which has been filed. Rejoinder affidavit has also been filed.

(2.) AN interesting question of law and fact has arisen in the instant case. The adver tisement for the preliminary examination for the year 1993 was published in the Roj-gar Samachar 1 to 7 May, 1993. Translated into english, the qualification for the can didates for the preliminary examination was that on the day of application the candidate should be possessing graduate degree from a recognised University. It may be men tioned here that-said advertisement neither specified any posts nor number of posts nor individual qualifications for the differeiit posts which were combined in the said ex amination.

(3.) KEEPING these points in view it has to be determined whether the petitioner can say that he was possessing the requisite qualification and therefore his name should have been recommended as a successful candidate. This necessitates a close look at the Uttar Pradesh Direct Recruitment Through Public Service Commission Preliminary Examination Rules, 1986. In the Section-2 where various words have been defined the word "post" means any post or posts, the selection for which is made through the Commission and in that connection "service Rules" means the rules prescribing method of recruitment for those posts. Section-3 empowers holding of preliminary examination. Sub-Rule (1) thereof indicates that notwithstanding any thing to the contrary contained in the relevant service rules the Commission may with the prior approval of the Government hold preliminary examination for selection of suitable candidates for admission to main examination.