- (1.) All the thirty-five petitioners are the candidates for appointment on the posts of Additional Private Secretary in Uttar Pradesh Secretariat. They are aggrieved by a notification dated 29th July, 2015 issued by the Public Service Commission, Uttar Pradesh Commission whereby their names have been included among such 385 candidates whose qualification in respect of computer has not been found in terms of the advertisement, and they have been asked to submit their Certificate Course in Computing (CCC) conducted by the DOEACC Society or the equivalent qualification by the Board of High School and Intermediate Education, by 17th August, 2015.
(2.) The essential facts are that the Commission issued an advertisement dated 25th December, 2010 calling applications for appointment on 240 posts of Additional Private Secretaries as general recruitment and 10 posts of Additional Private Secretaries as special recruitment for unfilled backlog vacancies belonging to Scheduled Castes and Scheduled Tribes in U.P. Secretariat. Such examination is known as Additional Private Secretary (U.P. Secretariat) Examination-2010. Clause-5 of the advertisement requires the following educational qualifications: "5. Educational Qualification : Essential : (1) A Graduate degree from any University recognized by Law in India or any equivalent qualification recognized equivalent by the Govt. (2) Minimum 80 words p.m. speed in Hindi shorthand and minimum 25 words p.m. speed in Hindi Type is essential. (3) The knowledge of computer is essential as follows (A) Syllabus for CCC by DOEACC Society, Or (B) Course conducted by U.P. Secondary Education Board or any syllabus recognized equivalent to that."
(3.) The services of the Additional Private Secretary of the Uttar Pradesh Secretariat are governed by the Uttar Pradesh Secretariat Personal Assistant Service Rules, 2001 "2001 Rules", as amended on 06th December, 2005. Rule 8 of the 2001 Rules deals with the academic qualification. Rule 8 is relevant for the issue which arises in the present case. On 06th December, 2005, Rule 8 of the 2001 Rules was amended by the Uttar Pradesh Secretariat Personal Assistant Service (First Amendment) Rules, 2005 "2005 Rules", whereby the academic qualification has been substituted by adding some qualifications. The Rules-8, as was existing in the 2001 Rules and as has been substituted by the 2005 Rules, read as under: "Column 1 Existing rule Column 2 Rule as hereby substituted 8. Academic qualification--A candidate for direct recruitment to a post in the service must possess the following qualifications: (i) must have passed Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto; (ii) must have a minimum speed of eighty words per minute and twenty five words per minute in Hindi shorthand and Hindi typewriting respectively; (iii) must have general knowledge of computer operation and must be able to work in Window-98 envioronment using MS-Office and Hindi font for typing and taking out the printed out put. 8. Academic qualification--A candidate for direct recruitment to a post in the service must possess the following qualifications: (i) must possess Bachelor's degree from a University established by law in India or a qualification recognised by the Government as equivalent thereto; (ii) must have a minimum speed of eighty words per minute and twenty five words per minute in Hindi shorthand and Hindi typewriting respectively; (iii) must possess the knowledge of Computer in accordance with-- (a) the course prescribed for the Certificate Course in Computing (CCC) conducted by DOEACC Society, or (b) the course conducted by the Board of High School and Intermediate Education, Uttar Pradesh or a course recognised by the Government as equivalent thereto.";