SHRI MOATEMJEN LKR Vs. NAGALAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In terms of the advertisement dated 19/10/2016 issued by the Nagaland Public Service Commission (NPSC, in short) advertising several technical posts under various Departments under the State of Nagaland, the petitioner being a graduate in B. Tech, Civil Engineering applied for the post of SDO (Class-I Gazetted) and JE (Class-II Gazetted) under the Department of Irrigation and Flood Control, PHE Department and Works and Housing Department respectively. The petitioner was issued Admission Certificate on 12/2/2017 to appear in the Combined Technical Services examination 2016 with Roll No.4968. Accordingly, the petitioner appeared in the written examination which was held on 25/2/2017 and 27/2/2017. The NPSC by Notification dated 28/6/2017 declared the list of successful candidates who have qualified for the viva voce test and the petitioner was also declared successful by the said Notification. By another Notification dated 5/7/2017, the NPSC notified the date of interview for viva voce test in respect of Civil Engineering which was scheduled between 17/8/2017 to 29/8/2017 and in respect of the petitioner, viva voce test was to be held on 22/8/2017. While the petitioner was preparing for the viva voce test, the NPSC issued Notification dated 21/7/2017 by which the candidature of the petitioner was rejected on the ground that no pass certificates was submitted as on the last date of submission of application forms. Being aggrieved with the rejection of his candidature, the petitioner is before this Court.

(2.) Heard Mr. Limawapang, learned counsel for the petitioner as well as Mr. C.T. Jamir, learned senior counsel appearing for the NPSC.

(3.) Mr. Limawapang, learned counsel for the petitioner submits that the petitioner completed the final 8th semester of B. Tech Civil Engineering examination from the Mahatma Gandhi University, Meghalaya. The final 8th semester was conducted in the month of June 2016 and the result was declared on 24/8/2016. The provisional certificate was issued by the University only on 12/12/2016. The NPSC made an advertisement dated 19/10/2016 inviting applications for filling up several vacancies to technical posts in various Departments under the Government of Nagaland and as the petitioner had completed the 8th semester for B. Tech, Civil Engineering, he applied for the post of SDO (Class-I Gazetted) and JE (Class-II Gazetted) under the Department of Irrigation and Flooed Control, PHE Department and Works and Housing Department respectively. On being issued the Admission Certificate, the petitioner appeared in the written test and was also declared successful by a Notification dated 28/6/2017. The call letter for the interview to the viva voce test to be held on 22/8/2017 was also issued. It was at this point of time that the NPSC had issued a Notification dated 21/7/2017 rejecting the candidature of the petitioner along with 18 others. In respect of the petitioner, his candidature was rejected due to non submission of pass certificate at the time of submission of the application. He submits that the petitioner having passed the 8th semester applied for the post on 15/11/2016 inasmuch as he was a qualified B. Tech. It is also submitted that the delay in issuance of the provisional certificate was not due to the fault of the petitioner but the same was issued by the concerned University only on 12/12/2016 by which date the last date of submission of application in terms of the advertisement dated 19/10/2016 was over. The learned counsel submits that the provisional certificate is only a document certifying that the candidate is qualified in the said examination and therefore, when the petitioner had already submitted his mark sheet showing that he has passed the B. Tech examination, there was no necessity for the NPSC to have rejected his candidature just on the verge of appearing the interview. He also submits that by the time the petitioner was going to appear for the interview for viva voce, the provisional certificate was already issued. He submits that the petitioner had appeared before the interview on the strength of an interim order dated 17/8/2017 passed by this Court. Therefore, when the provisional certificate was in possession of the petitioner, though he could not submit at the time of submission of his application pursuant to the advertisement dated 19/10/2016, the NPSC should have considered the case of the petitioner instead of rejecting his candidature. In support of his case, the learned counsel for the petitioner has placed reliance in the case of Rekha Chaturvedi v. University of Rajasthan and Ors, reported in 1999 Supplemenatry (3) SCC 168, Suman Verma v. Union of India and Ors, reported in (2004) 12 SCC 58 and in the case of Nandita Das v. State of Assam and Ors, reported in 2006 (Suppl) 1 GLT 313.