POOJA UNIYAL Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION AND ORS.
LAWS(UTN)-2013-12-43
HIGH COURT OF UTTARAKHAND
Decided on December 10,2013

Pooja Uniyal Appellant
VERSUS
Uttarakhand Public Service Commission And Ors. Respondents

JUDGEMENT

Alok Singh, J. - (1.) PETITIONER applied pursuant to the advertisement dated 9.7.2011 for different posts, including the post of Inspector/Assistant Development Officer (Horticulture). Undisputedly, for the post of Inspector/Assistant Development Officer (Horticulture) minimum qualification required was B.Sc. (Agriculture) or B.Sc. (Biology Group). Petitioner participated in the recruitment process and cleared written examination. Later on, petitioner's candidature was rejected by the Commission on the ground that petitioner is not having B.Sc. (Biology Group) degree. Principal, Government Post Graduate College, Uttarkashi was pleased to issue certificate dated 21.5.2013, Annexure No. 2 to the writ petition, certifying that petitioner was student of Government Post Graduate College, Uttarkashi between 1999 - 2002 of B.Sc. (Biology Group) and did her B.Sc. (Biology Group) with the subjects, namely, (i) Botany (ii) Forestry and Wildlife Management and (iii) Chemistry.
(2.) THERE is no dispute to the fact that petitioner is a graduate with the subjects, namely, (i) Botany (ii) Forestry and Wildlife Management and (iii) Chemistry.
(3.) PRESENT petition was taken up for hearing on 26.11.2013. This Court on 26.11.2013 passed orders as under: - Mr. Rajendra Dobhal, Sr. Advocate assisted by Mr. Pratool Kumar, Advocate for the petitioner. Mr. B.D. Kandpal, Advocate for respondent No. 1 and 2. Mr. Paresh Tripathi, Advocate for respondent No. 3. The question involved in the present case is as to whether B.Sc. (Biology) consisting of Chemistry, Botany and Forestry & Wild Life Management. Undisputedly, petitioner did her B.Sc. from H.N.B. Garhwal University i.e. respondent No. 3 in the year 2002 with Chemistry, Botany and Forestry & Wild Life Management. Petitioner applied pursuant to the advertisement dated 09.07.2011 for different posts including the post of Inspector/Assistant Development Officer (Horticulture) for which minimum qualification was B.Sc. (Agriculture) or B.Sc. (Biology). Petitioner's candidature was not considered for the post of Inspector/Assistant Development Officer (Horticulture) saying petitioner is not B.Sc. (Biology). Mr. Rajendra Dobhal, Sr. Counsel for the petitioner while placing reliance on the letter dated 21.05.2013 issued by Principal, Government Postgraduate College, Uttarkashi (Annexure No. 2 to the petition) submits that B. Sc. with Botany, Chemistry and Forestry & Wild Life Management falls within the category of BSc. (Biology). On the other (sic) B.D. Kandpal, learned counsel for the respondents No. 1 and 2, while placing reliance on the letter dated 01.03.2013 issued by Deputy Registrar (Academic), H.N.B. Garhwal University (Annexure No. CA 4 to the counter affidavit) submits that B.Sc. (Biology) does not contain subject Botany, Chemistry and Forestry & Wild Life Management. There seems to be two contradictory letters, one issued by Principal, Government Postgraduate College, Uttarkashi and another by Deputy Registrar (Academic), H.N.B. Garhwal University. Let counter affidavit by filed by Registrar of the H.N.B. University within 10 days specifically stating therein that as to whether degree obtained by the petitioner falls within the category of B. Sc. (Biology). He will also state in the affidavit if degree obtained by the petitioner with subjects Chemistry, Botany and Forestry & Wild Life Management does not fall within the category of B. Sc. (Biology) then under which category it falls. List soon thereafter. In compliance of the order dated 26.11.2013, affidavit of Dr. P.S. Rana, Registrar, H.N.B. Garhwal University, Srinagar Garhwal was filed yesterday on 9.12.2013. Paragraph Nos. 2 and 4 of the affidavit filed by Dr. P.S. Rana are being reproduced hereunder: "2. That it is submitted that the petitioner has passed out in B.Sc. from Govt. Post Graduate College Uttarkashi which has got its own prospectus and syllabus and the university has not defined as to what would be the impact if a candidate, appearing from the affiliated college, has passed its graduation with Botany, Chemistry and Forestry and Wild Life Management consequently the suitable reply can be offered by the said college. It is further submitted that the college namely Govt. P.G. College Uttarkashi is a State college and when the Principal of the college has issued the certificate that the aforesaid subject combination falls in the category of B.Sc. (Bio Group), the same deserves to be given credence and the university which has not defined the same, cannot offer any comment against the certificate issued by the Principal of the College. 4. That it is worth mentioning here that the university has defined in the prospectus in the year 2002 -03. As per prospectus the subject of Forestry comes with Botany, Zoology and Chemistry, Zoology. There is no combination of subjects Botany, Chemistry and Forestry. However the three subjects opted by the petitioner comes under Biology Group. Till now the university has not defined as to under what group the combination of Botany, Chemistry and Forestry would fall hence it is not within the competence of the deponent, in the capacity of the Registrar of the University to submit before the Hon'ble Court as to under which group the said combination of Botany, Chemistry and Forestry would fall.";


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