- (1.)These appeals have been filed by the Public Service Commission, Uttaranchal, Haridwar (hereinafter referred to as 'PSCU') challenging the judgment dated 2nd March, 2006 of the High Court of Uttaranchal at Nainital rendered in Writ Petition Nos. 149, 129, 135, 136, 137, 147, 148, 162, 169, 255, 302, 186, and 300 of 2004. By the aforesaid judgment, the High Court has given a direction to the appellant to give weightage of 10 bonus marks to the trained apprentice candidates as per the "Uttaranchal Subordinate Service [Emergency Direct Recruitment (First Amendment)] Rules, 2003" in the selection held by UPSC; and after adding 10 marks, merit list of the selected candidates be prepared and recommended for the appointment to the Government. It has also been directed that all the successful candidates shall be given appointment in the remaining vacancies of the Junior Engineers in the various departments of the Government and the instrumentalities of the State according to the merit list of apprentices selected in the merit list. It has been further directed that the aforesaid order shall survive for one year from the date of its publication.
(2.)Civil Appeal No.3036 of 2007 impugns the judgment of the High Court of Uttaranchal at Nainital dated 31st March, 2006 wherein the High Court has allowed the Writ Petition Nos. 446 of 2006, 275 of 2004, 166 of 2004, 138 of 2006, 333 of 2004 and 775 of 2006 in terms of the earlier judgment dated 2nd March, 2006 which is subject matter of Civil Appeal No.3034 of 2007.
(3.)In the year 2001, large number of vacancies of Junior Engineers existed in various departments of the State of Uttaranchal. Therefore, a proposal was sent by the State Government on 2nd November, 2001 to the PSCU for conducting a written examination. The written examination had to be conducted by IIT, Roorkee as the PSCU did not have the necessary infrastructure. The PSCU had been established in May, 2001 soon after the State of Uttaranchal came into existence on 9th November, 2000. On 12th November, 2001, the Government of Uttaranchal framed Uttaranchal Subordinate Engineering Service (Emergency Direct Recruitment) Rules, 2001 under proviso to Article 309 of the Constitution of India. These rules were notified vide Gazette Notification No.1973/One-2001 dated 12th November, 2001. It appears that these rules were framed only for filling up large number of post of Junior Engineers which became available upon the creation of State of Uttaranchal. Therefore, the rules specifically provided as follows :-
"The Rules shall become ineffective after the process of Recruitment is completed as it has never been promulgated. Candidates selected on the basis of Rules shall be governed by Service Rules and G.Os. as applicable before in the Govt."