- (1.) The special appeal has arisen from a judgment and order of the learned Single Judge dated 9 October 2015.
(2.) The Public Service Commission of the State of Uttar Pradesh Commission issued an advertisement on 25 December 2010 for recruitment of Additional Private Secretaries. The examination was held in two stages: the first stage included a paper in General Knowledge and General Hindi, while the second stage included a paper in Hindi shorthand and Hindi typewriting. The Commission declared a list of 1244 candidates who have obtained at least 33% marks in General Knowledge and General Hindi and a minimum speed of 80 words per minute in Hindi shorthand and a minimum speed of 25 words per minute in Hindi typewriting. The third stage consists of an examination to test computer knowledge. Upon scrutinizing the applications of the candidates, the Commission found that 385 out of 1244 candidates have produced certificates regarding computer qualifications awarded by the private institutions, which according to the Commission were not in accordance with the advertisement. Accordingly, the Commission issued a notice on 29 July 2015, furnishing an opportunity to such candidates, to prove that they hold qualifications in accordance with the norms prescribed by the advertisement and the service rules.
(3.) The appellants before the Court filed a writ petition under Article 226 of the Constitution, seeking to challenge the notice dated 29 July 2015 and prayed for a mandamus to allow them to participate in the third and final stage of the examination comprising of the computer test, without any objection pertaining to their eligibility with reference to computer knowledge. The appellants also sought a mandamus to treat them as fully eligible and qualified for the post of Additional Private Secretary. For convenience of reference, the reliefs are extracted hereinbelow: "(a) a writ, order or direction in the nature of certiorari quashing the notification dated 29.7.15 (Annexure No.5) in so far as it pertains to the petitioners; (b) a writ, order or direction of a suitable nature commanding the respondents to permit the petitioners to participate in the third and final stage of selection comprising of Computer Test for recruitment as Additional Private Secretary (U.P. Secretariat) in pursuance to the advertisement dated 25.12.10 without taking any objection pertaining to the eligibility of the petitioners with reference to Computer knowledge; (c) a writ, order or direction of a suitable nature commanding the respondents to treat the petitioners as fully eligible and qualified for the post of Additional Private Secretary (U.P. Secretariat) and not to take any objection on such basis; (d) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case; and (e) award cost of the petition to be paid to the petitioners.";