- (1.) WE have heard Sri V.K. Singh, learned Counsel for the Petitioners and Sri M.A. Qadeer, learned Senior Counsel appearing for the U.P. Public Service Commission.
(2.) THE U.P. Public Service Commission initiated the process of selection for 216 posts of Principals in Government (Boys/Girls) Inter Colleges in the State. The examinations and the interviews were held in 1997. A large number of candidates were not found eligible for variety of grounds including that they were teaching in private schools and self financed institutions. They successfully challenged the rejection of their candidature in the Supreme Court by means of Civil Appeal Nos. 961 -962 of 1999 connected with other Civil Appeals. The Supreme Court vide its judgment and order dated 10th January, 2001 held that teaching experience in private school is not excluded in the statutory rules, from the consideration of the eligibility provided they were drawing salary in the pay scale applicable to lecturer and that all the candidates who were interviewed should be allowed an opportunity to represent to the Commission. A large number of contempt petitions were filed in the Supreme Court. They were disposed of by a common judgment and order dated 28th November, 2002. The directions given by the Supreme Court in Contempt Petitions , concluding the matter, are quoted below: After hearing both the parties, instead of initiating contempt proceedings, we direct the Commission and the State Government to make appointments on the following basis: 1. All the candidates who were called for interview and whose names are on the merit list shall be appointed in order of merit if they (a) possess requisite educational qualification and; (b) have 3 years teaching experience working as a full time teachers and paid regularly monthly salary not less than Rs. 1400/ -. 2. Part time teachers would be excluded from consideration. However, it is made clear that there cannot be a class of exclusion of teachers who are working in self -financed institutions. Any exclusion of a candidate on the basis that he or she is a part time teacher must be made only in individual cases after proper verification. 3. Prima facie the certificate provided by the candidate which is duly certified by the designated authority shall be taken as final unless there are reasons for not doing so. However, before rejecting such certificate, a reasoned order in writing shall be passed after giving proper opportunity of hearing to the candidate concerned.
(3.) APPOINTMENT however would be made against available posts either in general category or reserved category as the case may be subject to verification of reserved category candidates.;