Ashok Bhushan, J. - (1.) Heard counsel for the petitioners and Sri B. N. Singh appearing for Uttar Pradesh Public Service Commission. Counter and rejoinder-affidavits have been exchanged and both the parties have agreed that writ petition be itself finally decided.
(2.) By this writ petition, the petitioners have prayed for writ, order or direction of suitable nature commanding the respondents to permit the petitioners to appear in the personality test of Regional Inspector (Technical)/ Assistant Regional Inspector (Technical) Examination, 1999 scheduled to be held on 4/5/6th January, 2001, treating the petitioners as having qualified for the same on the basis of the marks secured by them in the written and practical test. A further prayer has been made seeking a writ, order or direction commanding the respondents to treat the petitioners as having qualified for the personality test in pursuance to the above mentioned, examination on the basis of the aggregate marks secured by them on the basis of written and practical test and to allow the petitioners to appear in personality test and to declare final result on such basis without causing any obstruction therein.
(3.) The facts of the case as emerge from pleadings of the parties are ; Uttar Pradesh Public Service Commission issued an advertisement No. A-4/E-1/1999 published in the news paper 'Rashtriya Sahara' dated 3rd July, 1999, inviting applications for the post of Regional Inspector (Technical)/ Assistant Regional Inspector (Technical) copy of the said advertisement has been annexed as Annexure-2 to the writ petition. The petitioners claim to be eligible for the aforesaid post as per their qualifications. The Uttar Pradesh Public Service Commission rejected the candidature of both the petitioners. The candidature of petitioner No. 1 was rejected by the Uttar Pradesh Public Service Commission on the ground that petitioner No. 1 did not fulfil the required eligible qualifications whereas candidature of petitioner No. 2 was rejected on the ground that petitioner No. 2 has become overage. Petitioner No. 1 filed a writ petition which was dismissed by learned single Judge against which Special Appeal No. 516 of 2000 was filed by petitioner No. 1 in which an interim order was granted on 25th August, 2000 to the following effect : "Connect with Special Appeal No. 508 bf 2000. Admit. No notice need be served since the respondents are appearing through their Advocate and have made their submission. Learned counsel for the respondents is granted two weeks time to file counter-affidavit and the appellant will have one week thereafter to file rejoinder-affidavit. There will be an interim order directing the respondents to allow the, appellant to appear in the examination scheduled to take place on 26.8.2000. The result of the examination of the appellant shall abide the result of the special appeal." Similarly petitioner No. 2 also filed Writ Petition No. 34580 of 2000 in which an Interim order was passed on 9th August, 2000, directing that petitioner No. 2 will not be precluded from taking the examination on the basis of the orders Impugned therein whereby his candidature has been rejected on the ground that he has become overage. In pursuance of the aforesaid interim orders dated 25th August, 2000 and 9th August, 2000, both the petitioners appeared in the written examination and practical examination. The result of aforesaid examinations was declared on 25th November, 2000, in which both the A.W.C. 116 petitioners were not declared selected. It has been stated that there were 15 posts of Regional Inspector (Technical) and 47 posts of Assistant Regional Inspector (Technical) but only 77 candidates were declared selected. It was submitted that normally candidates in the interview are called thrice to the vacancies but only 77 candidates were called in the interview. It has been stated that Uttar Pradesh Public Service Commission has fixed minimum level of proficiency, which is required to be achieved by a candidate before declaring them qualified. It is pleaded by the petitioners that marks secured by them in the written examination and practical test are more than 40% but they are being treated as not having qualified on account of petitioners having secured less than 40% in the written examination even though they have secured more than 40% marks aggregate in the written and practical test. In paragraph 22 of the writ petition, it is specifically pleaded that in the past Uttar Pradesh Public Service Commission has treated the candidates as qualified for appearing in the interview for the Regional Inspector (Technical)/ Assistant Regional Inspector (Technical), who have secured more than 40% aggregate of written and practical test and the said practice has been departed for the first time in the selection in question in which the Uttar Pradesh Public Service Commission is insisting upon having secured 40% marks on the minimum specifically for the written test and specifically for practical test. With the aforesaid pleadings, the petitioners have filed the present writ petition.;