ANANG PAL SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) V. K. Gupta, C. J. In the writ petition filed by the peti tioners (appellants herein), the stipula tion in the Advertisement in question to the effect that only such candidates would be eligible for participating in the written examination who have obtained Two Year Diploma Certificate from un recognised Training Institutions of Uttarakhand and other States was chal lenged.

(2.) THE learned Single Judge has dis missed the writ petition vide the im pugned judgment dated 19th February, 2008 on the ground that the written examination had already been conducted in the month of December, 2007 and practical examination had also been conducted by the Department con cerned.

(3.) WE are not at all satisfied with the explanation offered. WE are totally convinced that the impugned stipula tion in the Advertisement in question has no nexus with the object sought to be achieved. Why should the State Government insist that only such candidates will be eligible to participate in the examination, who have obtained Two Year Diploma Certificate from the unrecognized institutions? Excluding recognised institutions and insisting upon unrecognised institutions is the height of arbitrary action, the same also being irrational and illogical, on the part of the State Government. It is a common knowledge that unrecog nized institutions are also unregulated and whatever qualification they impart, or Diploma Certificates they issue, cannot have any authenticity in the eyes of law. In most of the States, the insistence is upon recognised institu tions. It is for the first time that this Court has come across an instance where the State Government is insist ing on unrecognized institutions. WE do not find either any logic or any rea soning behind this insistence.