PRATAP DHALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioners have been the aspirants for being considered for appointment, on the post of Assistant Agricultural Officer, Grade 3, with the respondent No.2. For the purposes of conducting the process of selection, for the aforesaid post of Assistant Agricultural Officer, Grade 3, the respondent No.4, i.e. Uttarakhand Subordinate Service Selection Commission, had issued an advertisement, and on the recommendation being made to it, requisitioning to resort to the process of selection, as against then 280 posts of Assistant Agricultural Officer, Grade 3, was issued.

(2.) In pursuance to the advertisement, which was issued on 02.08.2019, the petitioners contend that since they had fulfilled all the eligibility criteria, they had applied for the same, and in pursuance to the said advertisement, the process of selection was resorted to. Ultimately, the posts, which are proposed to be filled in, which were though initially notified to be 280 posts, has now been reduced to 150 posts only and hence their grievance is confined to, that non filling of 130 posts of Assistant Agricultural Officer, Grade 3, which are initially advertised is arbitrary and illegal and it cannot be sustained. Learned counsel for the petitioners further submits that the said reduction of the posts is without assigning any cogent reasons, and hence, it would be arbitrary and illegal.

(3.) Before answering to the question which has been raised by the learned counsel for the petitioners, this Court feels it apt to deal with the terms and conditions of the advertisement dated 02.08.2019, itself, particularly, where the opening clause of the advertisement puts a noting that, 'the vacancies can be increased or decreased'. Not only that, if clause 26 of the said advertisement is taken into consideration, it yet again reserves the rights of the respondents to increase or decrease the said posts, which were advertised for the purposes of the selection in pursuance to the advertisement dated 02.08.2019. Clause 26 of the advertisement is extracted hereunder:-