PRAMOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners are ex-servicemen. They have applied for appointment to the post of Village Development Officer pursuant to Advertisement No.3 of 2016, published by U.P. Subordinate Service Selection Commission, Lucknow, against 5% quota meant for ex-servicemen. The advertisement specifies minimum eligibility for appointment to the post in question as Intermediate Examination, conducted by U.P. Madhyamik Shiksha Parishad in Science or Agriculture Stream or any other qualification held equivalent thereto, as also a Certificate Course in Computer Concept (commonly referred to as 'CCC' Certificate). The dispute in the present writ petition relates to possessing of 'CCC' Certificate by the petitioners as they have otherwise been selected by the Commission and their recommendation for appointment appears to be withheld at the level of the State Government on the question as to whether petitioners' 'CCC' Certificate meets the requirement in law.

(2.) The appointment to the post in question is regulated by the provisions of the U.P. Gramya Vikas (Gram Sevak) Seva Niyamawali, 1980, which does not refer to any requirement of possessing 'CCC' Certificate. Rule 8 of the Rules of 1980 prescribes educational qualification required for appointment to the post in question and the same is extracted hereinafter:- ...[VARNACULAR TEXT UMITTED]... There exists no requirement of possessing 'CCC' Certificate for appointment to the post of Village Development Officer in the rules.

(3.) While serving the Armed Forces the petitioners undertook Certificate Course in Computer Concept through a private agency and their 'CCC' Certificates are annexed as Annexure-14 to the writ petition. The writ petitioners have also annexed a report of the Directorate General of Resettlement, Ministry of Defence, on resettlement of ex-servicemen dated 4.8.2017, which forms part of the Thirty-third report submitted to the Standing Committee on Defence, presented to Lok Sabha on 10.8.2017 and laid before the Rajya Sabha on 9.8.2017, which emphasized the need to provide training to ex-servicemen in order to generate necessary skill in them for providing a second career to them after their retirement from defence services, at a relatively early age. The relevant extract of the report, annexed alongwith the writ petition would merit reference at this stage, and is accordingly reproduced hereinafter:-