- (1.) BY the Court-The petitioner by this writ petition prayed for issuing a writ of mandamus directing she Chairman, U. P. Public Service Commission, Allah bad. (hereinafter referred as the UPSC in brief) not to conduct the Provincial Civil Service/Upper Subordinate Examination, 1992, scheduled to be held on 20th December, 1992, and a direction to conduct it on some other date.
(2.) THE petitioner averted that he and a large number of candidates had applied for Research Fellowship and Eligibility for Lecturership Test which is to be conducted by the University Grafts Commission (UGC, in brief) in pursuance of an advertisement dated 10./25-9-1992 published in Employment News (Weekly). It was specified in the advertisement that the test would be he'd on 20 12- 1992. It is stated that the UGC has formulated a scheme which provides that persons who want to serve as Lecturer in degree and post-graduate colleges shall have to appear in the test examination to be organised by the UGC for the Junior Research Followship and Eligibility for Lecturership. THEre is one exception As per scheme, for those persons who obtained doctorate before the end of December, 1992, for them the test examination is not necessary for appointment as lecturer in degree or post-graduate colleges Candidates who have not completed and obtained doctorate before the end of December, 1992 shall have to appear in the test for appointment for lecturership in degree and post-graduate colleges conducted by the UGC. THE petitioner claims that he is pursuing research work for the doctorate degree. THE petitioner is fully eligible and qualified for appearing in the examination scheduled to be conducted on 20th December, 1992, by the UGC in which the petitioner has been allotted roll no. and permission to appear. The UPPSC by advertisement No. A-1/E-1/92-93 (Annexure '2' to the present writ petition) for filling certain posts for the Provincial Civil Service (PCS, In brief) and Upper Subordinate Services. It is pointed out that in the advertisement published by the UPPSC there is no date fixed for Preliminary Test examination. The petitioner averred that he is a postgraduate and a meritorious student with good academic career and also wish to come in some administrative job. Having a golden opportunity for appearing in the PCS/Upper Subordinate (Preliminary) Examination, 3992, the petitioner submitted an application for appearing in the aforesaid preliminary exam. The petitioner has been allotted roll no. and admit card for appearing in the said test by the UPPSC. The admit card received by the petitioner from the UPPSC shows that preliminary examination has been fixed on 20-12-1992. The grievance of the petitioner is that the petitioner is eligible to appear in the Judior Research Fellowship and eligible for lecturership examination to be conducted by the UGC and he is eligible and qualified to appear in the PCS/Upper Subordinate Preliminary examination by the UPPSC. It is said that the UPPSC without taking into consideration the date fixed by the UGC for conducting the test for Junior Research fellowship and eligibility for Lecturership exam fixed 20th December, 1992. The petitioner having applied for both the exams and having issued admit card by the UGC as well as by the UPPSC cannot appear in both the test as both are to be held on the same date, i. e. 20th December, 1992, at the same time i. e 9.30 A.M. to It 30 A.M. and 2.30 P.M. and 4.30 PM. The petitioner stated that the date for preliminary examination by the UPPSC was fixed and announced subsequently after (he submission of the exam forms before the Commission, whereas the UGG had fixed the date tor their examination In the aforesaid advertisement itself The petitioner submitted that the UPPSC fixed its date for conducting . the preliminary examination's date according to its convenience without keeping in view various examinations organised by various faculties and departments. The petitioner and various other students met the Chairman, UPPSC, Allahabad and requested for postponement of date of preliminary examination fixed on 20-12-1992 and refixed the date so that it may not clash with the examination to be held by the UGC. The Chairman of the UPPSC expressed his inability to change the date fixed for the preliminary exam of PCS/Upper Subordinate Services. A representation was also sent by the students and other research scholars under the Univesity Shodh Chhatra Parisangh before the Chairman of UPPSC on 2-12-1992 which was also not favourably responded.
(3.) THE learned counsel for the petitioner, Sri V. P. Srivatava submitted that the petitioner, is a meritorious student and expected success in either of these two examinations but he is being prevented by the UPPSC either to appear in the test to be conducted by the UGC or the Preliminary exam by the UPPSC, as he cannot appear in both the examinations which have been fixed on the same date and time, as stated above. He submitted that the act of the UPPSC is illegal and arbitrary and malafide THE petitioner and thousands of other students all over the country would suffer irreparable loss and injury on account of denial by the Chairman of the UPPSC to change the date for the preliminary examination of PCS and Upper Subordinate Services THE learned counsel for the petitioner though not pleaded or taken any ground of violation of Article 16 in the writ petition, argued that the action of the UPPSC is violative of Article 16 of the Constitution of India. We have heard the learned counsel for the petitioner at length and examined the matter and thoughtfully considered the same.;