UNION OF INDIA Vs. CH POORNACHANDRA RAO

JUDGEMENT

(1.) This is an appeal against the judgment of our learned brother Obul Reddi J (as he then was) allowing the writ petition filed by the respondent herein and issuing a writ of mandamus to the Union Public Service Commission to call the respondent for an interview and consider his case on merits for selection as an Assistant Director of Census Operations, Hyderabad.

(2.) The facts giving rise to this appeal are as follows : The Union Public Service Commission advertised on 28-11-1970 for the post of Assistant Director of Census Operations in the scale of Rs. 400-950 prescribing certain qualifications with regard to age and education. The qualifications prescribed are that the applicant should be 35 years of age or below on 1-1-1970 and should possess a Master's degree in Statistics or in Mathematics/Economics/Commerce (with statistics) of a recognised University or its equivalent and about three years experience in collection, tabulation and analysis of statistical data. The additional qualifications which were mentioned as desirable are as follows (i) Experience of tabulation and analysis of Census or vital statistical data (ii) sound knowledge of the language of the area concerned; and (iii) Demographic/Statistical training from a recognised Institution (E.G. Demographic Training Research Centre, India Statistical Institute, Central Statistical Organisation, etc.). It appears that 923 applications were received by the Union Public Service Commission of which the Respondent was one. Out of the said applications, only 129 applicants were called for interview and 25 applicants were selected. The petitioner was informed by the Union Public Service Commission by a note dated 18-2-1972, which was received by the petitioner on 21-2-1972 that his application was rejected. The petitioner then filed W.P. No. 940 of 1972 under Article 226 of the Constitution for the issue of a writ in the nature of a writ of Mandamus or any other appropriate writ or order or direction directing the respondents viz. (1) the Union of India, (2) the Union Public Service Commission (3) the Registrar General of India, all situate at New Delhi, to call the petitioner for interview for selection as Assistant Director of Census Operations in the Office of the Director of Census Operations Hyderabad.

(3.) In the writ petition, the petitioner stated that he was working as Tabulation Officer in the Office of the Director of Census Operations Andhra Pradesh, Hyderabad in the scale of Rs. 350-20-475, and that he acquired the M.A. degree in Economics from the Agra University and also an M.A. degree in Economics from the Saugar University with Statistics in Theory and Practise as Optionals in both the M. A. degrees. In addition he is also holder of a Law degree in LL. B. of the Osmania University. He had put in 10 years of experience in collection, tabulation and analysis of statistical data as Economic Investigator and as Tabulation Officer in the Census Department. He prepared several tables specially suited for urban study and re-study of villages in the census work, and that he possessed knowledge of vital statistical data. He has also undergone one year training in Demography in the year 1966-67 at the Demographic Training and Research Centre now named International Institution for Population Studies, Bombay, He also stated that he was associated with Genus field work in over 25 villages where socio-economic surveys were conducted, canvassing village schedule, household schedule, agricultural labour, cultivation, industry etc. schedules. He had drafted eight village survey monographs, one ethnographic note, eight-introductory notes on consanguineous marriages, and collected information and scrutinised reports on fairs and festivals. In addition, lie had also drafted and scrutinised as an employee of the Office of the Director of. Census Operations, Andhra Pradesh, several publications. The respondent also stated that he contributed papers on "Deficit Financing in Theory and Practise" in the post-graduate Economics and Commerce Association of Saugar University and also won the first prise for his article "Third Five Year Plan, a Challenge" in Agra College, Agra. The respondent therefore stated that he not only possessed the essential qualifications and the desirable qualifications mentioned in the notification of the Union Public Service Commission for the post of Assistant Director but he is qualified and possesses the full theoritical knowledge and practical experience. But the respondent was not even called for an interview by the Union Public Service Commission. It is the case of the respondent that the Union Public Service Commission without bestowing any thought on the qualifications of the respondent rejected his application without even calling for an interview, and if the Union Public Service Commission had only applied its mind to the qualifications and experience of the respondent, it would have certainly called him for the interview and probably would have also selected him for the post. The respondent therefore contended that as a citizen of India, he had a right under Articles 14 and 16 of the Constitution to he interviewed and considered for selection for one of the posts advertised and that the failure of the Union, Public Service Commission to call him for the interview and rejecting his application amounted to denial of his fundamental rights under Articles 14 and 16 of the Constitution.