Ravi S.Dhavan, J. - (1.) THIS writ petition is against the respondents arrayed, namely, the U.P. Public Service Commission, Allahabad and the Director of Education (Secondary), Uttar Pradesh, Allahabad. The issue is the recuritment of trained teachers in the Subordinate Education Services, particularly for the Hills Divisions of the State.
(2.) IN April, 1988 the Commission, aforesaid, issued an advertisement No. 7 of 1987-88 and announced that for the U. P. Subordinate Education Services (Trained L. T. grade (Male Section) Hills Division an assistant teacher in Geography in the L. T. grade was required. Against this post there was a reserved quota, specifically marked for handicapped persons. The assistant teacher was for the subject of Geography. The petitioner, Liladhar Pandey, also applied on the prescribed form and was awaiting a call for an interview, particularly, from the quota reserved for handicapped persons. The petitioner contends in his petition that he is a graduate, further, a graduate in Education, a post graduate in Geography from the Kumaun University and being a trained teacher, he offered himself for being considered in pursuance of the advertisement issued by the State as a candidate to be selected by the Commission. The petitioner contends that he was born in 1964, which makes him 30 years of age today and he files certificate of the Chief Medical Officer, Pithoragrah, dated 14 February, 198S that he is physically handicapped as he has an orthopaedic defermity of the little fingers in both hands. The Chief Medical Officer, Pithoragarh has certified that the petitioner is physically handicapped. The petitioner asserts that all of a sudden it came to his knowledge that for the posts for which applications load been sought in pursuance of the advertisement issued in 1988 interviews had commenced last week, on 28 February, 1994 and the interviews of candidates would continue until 7 March, 1994. He also mentions in his writ petition that for being considered for the post of an assistant teacher, there is no written test and a selection by interview is the only criteria. He states that notwithstanding that he comes under the quota reserved for physically handicapped persons, he has not been called for an interview. If he cannot be considered for an interview, the petitioner contends, he would be over ago after this year. He points out that the age qualification is 21 to 30 years. But this was applicable at the time when the applications were being invited.
(3.) AMIDST, the schedule of the interviews for candidates which has already begun, this Court will be cautious in issuing a writ to the respondent U. P. Public Service Commission as the petitioner has left his grievance to the last minute and he ought to have come earlier if he had seriously expected the Court to consider the issue of a notice in the context of the circumitances. The process of the interview cannot be stopped. But, as the entire examination of the candidates is on the basis of a viva voce assessment only and between the advertisement of 1988 and the call for interview of the candidates six years have passed, there is much which needs to be expressed as a matter of concern. The Court is not issuing a writ to the Commission as there is no illegality manifest or otherwise to occasion the summoning of the record of the Commission by a writ of certiorari. Thus, the Court feels that the U.P. Public Service Commission which conducts examinations for appointments to the services of the State being an autonomous independent institution under Chapter-XIV of the Constitution of India it ought to be permitted to proceed in the conduct of its affairs with as much independence as any other working institution, the like of which finds mention in the Constitution of India. The particular function of the Commission on the conduct of exami- nation for appointments to the services of the State is under Article 320 of the Constitution of India. By virtue of Article 320, the State is obliged to consult the State Public Service Commission on all matters relating to methods of recruitment to civil services and for civil posts, la the normality of circumstances, there is nothing irregular in what the Commission has undertaken in selecting the appropriate candidate to the U. P. Subordinate Education Services as an assistant teacher. But, one thing is clear that between the publication of the advertisement in 1988, and with no intervening written test and the entire selection resting on a viva voce examination the selection process ought to be broad based, as such appears to be the intention when selection is on the basis of an interview only. The preliminary weeding of the applications had been made after the advertisement of 1988.;