H S KUTAULA Vs. STATE OF U P

JUDGEMENT

(1.) The U. P. Public Service Commission (hereinafter referred to as the Commission) issued advertisement No. 1/97 for making recruitment to 172 posts of veterinary doctors. In response to the advertisement, the petitioner made an application and he was called for interview. The result of the selection was declared on 22.10.1997 wherein the petitioner was shown to have secured 59th position. Subsequently, the Commission sent a letter dated 21.3.1998 to the petitioner informing him that his candidature had been cancelled. The present writ petition has been filed for quashing of the aforesaid order.

(2.) In the advertisement issued by the Commission, the eligibility qualification mentioned for the post of veterinary doctor was B.V.Sc. and A.H. degree from a recognised University and age between 21 and 32 years. It was further mentioned that a relaxation of five years in age may be granted to suitable candidates. It is not in dispute that the petitioner was more than 32 years of age on the prescribed date and he holds the degree of B.V.Sc. and A.H. and no other additional qualification. In the affidavit sworn on 19,4.1998. the petitioner has mentioned his age as 35 years. The order dated 21.3.1998 (Annexure-4 to the writ petition) mentions that as the petitioner does not possess any higher degree besides the degree of B.V.Sc. and A.H., like the degree of M.V.Sc., it is not possible to grant him relaxation in age and, therefore, his candidature has been cancelled.

(3.) Shri Ashok Khare. learned counsel for the petitioner, has submitted that in the advertisement, it was mentioned that relaxation in age by five years can be granted to suitable candidates and the fart that the petitioner was called for interview and was selected having secured 59th position shows that he was found suitable not only for selection but also for relaxation of age and. therefore, the impugned order cancelling his candidature is illegal, Sri V. M. Sahai learned counsel for the Commission has submitted that U. P. Public Service Commission had taken a decision that the relaxation in age wiit be given only to such candidates who possess a degree higher than B.V.Sc. and A.H., i.e., a Masters Degree and since the petitioner did not hold such a degree, no relaxation in age could be given to him and his candidature has rightly been cancelled. The relevant part of the advertisement prescribing the age and qualification reads as