Tarun Agarwala, J. - (1.) FOR recruitment on Group -C posts, the State Government promulgated the U.P. Procedure for Direct Recruitment for Group 'C' Posts (Outside the Purview of the U.P. Public Service Commission) Rules, 2002 (hereinafter referred to as the Rules of 2002) with effect from 29th June, 2002 in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. The post in question is Nalkup Mistri, which admittedly is outside the purview of the Public Service Commission and, consequently, the Rules of 2002 would be applicable. Rule 5 of the Rules of 2002 provides the procedure for direct recruitment. For facility, Rule 5 of the Rules of 2002 is extracted hereunder: 5. Procedure for direct recruitment. - -[(1) For making direct recruitment the vacancies shall be notified in the following manner: (i) by issuing advertisement in a daily newspaper having wide circulation; (ii) by passing the notice on the notice board of the office or by advertising through Radio/Television and other employment newspapers; and (iii) by notifying vacancies to the Employment Exchange. (2) Application for being considered for selection shall be called in the form published in the advertisement issued under sub -rule (1). (3) The selection shall carry one hundred marks. The merit list of the candidates shall be prepared in the following manner: (a)(1) Such posts for which only academic qualifications are prescribed, the marks shall be awarded to each candidate in the following manner: (2) Such posts for which academic qualifications and technical qualifications both are prescribed, the marks shall be awarded to each candidate in following manner: Provided that the post for which some physical standards have been prescribed as essential qualification or as a mode of recruitment for the post, the candidates shall be required to undergo selection and only those candidates shall be considered for selection who came up to the minimum standards prescribed for the post. (b) Marks to a retrenched employee shall be awarded in the following manner subject to the maximum of fifteen marks: (i) For the first completed year of service - Five marks. (ii) For the next and every completed year of service - Five marks for each year. (c) Marks to a sportsman shall be awarded in the following manner subject to the maximum of five marks: (i) If the candidate is a sportsman of International level - Five marks (ii) If the candidate is a sportsman of National level -Three marks (iii) If the candidate is a sportsman of State level - Three marks (iv) If the candidate is a sportsman of University/College level - Two marks (d) In the case of candidates to be selected for any post for which typewriting or shorthand and typewriting has been prescribed as an essential qualification, there shall be a test of typewriting or shorthand and typewriting as the case may be, of qualifying nature. Only those candidates who have attained the minimum speed prescribed for typewriting or shorthand and typewriting, as the case may, shall be considered for selection. The number of candidates to be called for typewriting test or shorthand and typewriting test, as the case may be, shall be such as is considered appropriate by the Selection Committee. For the purpose the merit list of candidates shall, having regard to the provisions of reservation referred to in Rule 4, be made separately on the basis of marks obtained by them under Clauses (a), (b) and (c). (4)(a) After the results of the evaluations under Clauses (a), (b), (c) and (d) of sub -rule (3) have been received and tabulated, the Selection Committee shall, having regard to the provisions of reservation referred to in Rule 4, hold an interview. The number of candidates to be called for interview against the number of vacancies shall be such as is considered appropriate by the Selection Committee, but in any case it shall not exceed ten candidates for one vacancy. In the case of candidates to be selected for a post for which typewriting or shorthand and typewriting has been prescribed as an essential qualification, only such candidates who qualify the typewriting test or shorthand and typewriting test, as the case may be, under Clause (d) of sub -rule (3) shall be called for interview. (b) The interview shall carry fifty marks. Marks at the interview shall be awarded in the following manner: (i) Subject/General Knowledge - up to ten marks (ii) Personality Assessment - up to twenty marks (iii) Power of Expression - up to twenty marks (c) The Chairman and Members of the Selection Committee shall, in no case, be provided any information with regard to marks obtained by candidates under Clauses (a), (b) and (c) of sub -rule (3) at the time of interview. (5) The marks obtained by each candidate at the interview under sub -rule (4) shall be added to the marks obtained under sub -rule (3). The final select list shall be prepared on the basis of aggregate of marks so arrived. If two or more candidates obtain equal marks in the aggregate, the candidate senior in age shall be placed higher in the select list. (6) The select list referred to in sub -rule (5) shall be forwarded to the Appointing Authority.
(2.) THE post of Nalkup Mistri is a technical post, consequently, the marks awarded for the academic qualification is required to be calculated in accordance with the provision indicated under Rule 5(3)(a)(2) of the Rules of 2002. Under Rule 5(3)(c) of the Rules of 2002 a candidate who is a sportsman of an International level or National level or State level or University level or College level, would be awarded marks accordingly. Rule 5(4)(a) of the Rules of 2002 provides that the results of the evaluation under Clauses (a), (b), (c) and (d) of sub -rule (3) would be tabulated and that the Selection Committee constituted will hold an interview under Rule 5(4)(b). The interview shall carry 50 marks and it will be awarded in the following manner, namely, for General Knowledge upto 10 marks, for Personality Assessment upto 20 marks and for Power Expression upto 20 marks. Rule 5(4)(c) further imposes an embargo that the tabulation of the marks obtained by a candidate under Clauses (a), (b) and (c) of sub -rule (3) will not be provided to the Chairman and Members of the Selection Committee at the time of the interview and that Rule 5(5) of the Rules of 2002 stipulates that the marks of the academic qualifications and the marks of the interview would be added after the interview and thereafter a final select list would be prepared. Such selection list will be thereafter forwarded to the Appointing Authority. For the purpose of awarding marks under the category of sportsman, the State Government issued a Government order dated 20th July, 2002, in which one of the sports recognized was Volleyball. This Government order further indicated that a candidate who is a sportsman of a University or College level must have participated in a National Championship of Schools and for a State level candidate, the candidate must have participated as a State candidate for National Championship.
(3.) IN the light of the aforesaid Rules and the Government order, the irrigation department at Allahabad issued an advertisement dated 31st July, 2004 inviting applications for filling up the post of Nalkup Mistri by direct recruitment. The petitioner belongs to the reserved category and applied. His application was duly received within the stipulated period but for reasons best known to the respondents, the petitioner was not invited for the interview. The petitioner filed Writ Petition No. 22552 of 2005, which was disposed of by a Judgment dated 25th August, 2005. The Court held that the respondents deliberately did not allow the petitioner to appear in the interview and that the petitioner was denied his lawful right to be called in the interview. The petitioner was also denied an opportunity for being given an appointment on a higher post purely on account of the action of the respondents. Since the select list had already been declared and the Court found that three vacancies were existing, the Court, instead of setting aside the select list, directed the Executive Engineer and Superintending Engineer to hold an interview of the petitioner afresh and. if found fit, necessary appointment orders would be issued. The Court further directed that the members of the Selection Committee will not include the respondent Nos. 2 and 3 of that writ petition, namely, the Executive Engineer and the Superintending Engineer and that they would be bound by the recommendation of the Selection Committee.;