SHAILENDRA KUMAR Vs. PUBLIC SERVICE COMMISSION, UTTARAKHAND
LAWS(UTN)-2012-6-91
HIGH COURT OF UTTARAKHAND
Decided on June 07,2012

SHAILENDRA KUMAR Appellant
VERSUS
Public Service Commission, Uttarakhand Respondents

JUDGEMENT

BARIN GHOSH,.J. - (1.) THE subject employment is governed by the Rules known as the 'Uttar Pradesh Technical Education Gazetted Officers Service Rules, 1990 made under proviso to Article 309 of the Constitution of India and, accordingly, is a statutory Rule. Sub Rule (2) of Rule 15 of the said Rules directs the Commission to call for interview such number of candidates, who fulfil the requisite qualification or to arrange a screening test as it may consider. Therefore, the statute granted two options to the Commission either to call all candidates who fulfil the requisite qualification, or to arrange a screening test of those candidates. The Commission in the instant case, instead of arranging a screening test, proceeded on the basis of Uttar Pradesh Public Service Commission (Procedure and Conduct of Business) Rules 1976, where it has been provided, amongst others, that the Commission may call such number of candidates for interview as the Commission may deem fit. Since the advertisement indicated the availability of two posts, the Commission proceeded on the basis that 09 candidates for one post shall be interviewed and they determined those 19 candidates on the basis of marks obtained by them in the examination which was the basic requirement for applying for the post. While the 1976 Procedure Rules prescribe the procedure, the 1990 Rules dealing with the subject also prescribe the procedure. While the 1990 Rules dealt with the subject recruitment, it also prescribed a definite procedure to be adopted by the Commission in relation to the recruitment being the subject matter of the 1990 rules. In the circumstances, in Law, it must be deemed that the 1990 rules have overriding effect over the provisions contained in the 1976 Procedure Rules. The conclusion, therefore, would be that the Commission in the instant case, for the purpose of reducing the number of candidates for the interview could arrange a screening test but could not reduce the number on the basis of the marks obtained by the candidates at the examination, being required the qualification for applying for the posts.
(2.) LEARNED counsel for the Commission submitted that the Commission found 38 candidates having requisite qualifications. Of them 19 were called on the basis of their marks and their interview have been taken. In the circumstances, we dispose of the writ petition by directing the Commission to complete the interview of the remaining 19 candidates. The Commission is requested to send the interview letters of those 19 candidates to their addresses as were indicated in their application forms. In the special circumstances, we would also request the Commission to publish an advertisement indicating that it would hold interview of those 19 candidates, where of course, the address of those candidates need not be published, but their names should be mentioned.;


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