P. P. Gupta, J. - (1.) IN pursuance to an advertisement for the post of Regional Tourist Officer, vide advertisement No. 1/90-91 Sewa 9, made by the U. P. Public Service Commission, Allahabad, (hereinafter referred to as the Commission), the petitioner, K m Poonam Chaudhary, applied for the post The minimum qualifications for the post were divided into two parts, firstly, essential qualification which was on the degree basis from recognized University, and secondly, professional qualification having passed from any University with one of the subjects as History, Geography, English Literature, or Arithmetic and experience in travel trade or having obtained Diploma/Degree in Tourism from an INstitution recognized by the Government. The age was between 21 and 30 years.
(2.) THE petitioner possesses B. A. Degree In First Class having obtained 61% marks with Geography. History as subjects and in addition she has also passed M. A. Final Examination in Geography. In Second Division, having obtained 32% marks. She also possesses Diploma In Tourism from Kumaun University having secured First Division and second position in the class. She was also appointed as Receptionist in the Tourism Department of Government of Uttar Pradesh, vide order dated 24-7-1989, contained in Annexure '11' to the writ petition. Subsequently, she was selected for the post of Tourist Officer and was posted at Pithoragarh in leave vacancy. Since then she is working as Incharge Tourist Officer at Pithoragarh She also received honorarium for the year 1990-91 from the Director General of Tourism, Dehradun. She also participated in 14th Management Development Programme held on 17-6-1991 and secured first position. She also organised "Sharodotsava-1991" in Pithoragarh and received a cash award along with a certificate of the best organizer from Sri S. S Prgti, Director General of Tourism. Thus, she possesses not only minimum essential qualification but also preferential qualification, as per advertisement for the post. When the petitioner did not receive an interview call, she contacted the Public Service Commission Office at Allahabad. She was informed that she was not called for interview as she did not possess all the requisite qualification for the post. Subsequently, the petitioner, by an order dated 28-2-1992 (Annexure '1' to the writ petition), was informed by the respondent that she was not entitled to appear in the Interview because she failed to secure 68.46% or more marks in a degree course and as such did not possess the minimum qualification required for the post. Alongwlth this writ petition, the petitioner also moved a stay application In which a direction was issued to the respondent to permit the petitioner to appear in Interview for the post of Regional Tourist Officer which was scheduled to be held on 2-4-1992. It was further directed that the result of the Interview shall be subject to the final decision of the writ petition. In pursuance of this order, the petitioner appeared in the interview, but her result has not so far been declared.
(3.) THE main grievance of the petitioner is that she has wrongly been weeded out from being called for interview by the Commission. The submission of the learned counsel for the petitioner was that Article 16 (1) of the Constitution guarantees equality of opportunity to all citizens In matters relating to employment or appointment to any office under the State. Therefore, the decision of the Commission to call for interview only those who had obtained 68 46% or more marks in degree course contravened Article 16 (1) of the Constitution.;