- (1.) This reference to the Full Bench has arisen as a result of a referring order of a Division Bench dated 11 September 2015. Before we set out the questions which have been referred for decision, a brief background would be appropriate.
(2.) The Uttar Pradesh Public Service Commission1 issued an advertisement on 23 March 2013 by which applications were invited for several posts in respect of which the Combined State/Upper Subordinate Services (General Recruitment) Examination, 2013 was to be held. Applications were invited for several posts, including Deputy Collector, Naib Tehsildar, Treasury/Account Officer and Designated Officer. Minimum qualifications were prescribed for various posts such as, that the candidate should be a graduate. For certain other posts, essential qualifications were prescribed. For the post of Designated Officer, the essential qualification was a post graduate degree in Chemistry. The educational qualifications prescribed serial no.13 of the advertisement for a Designated Officer were as follows: "13. Educational Qualification : The candidate must possess Bachelors Degree of any recognized University or equivalent qualification upto the last date for receipt of application. This should be mentioned by the candidate in the relevant column of their application form but for some posts specific qualifications have been prescribed of which the details are given below. Designated Officer (1) Post Graduate Degree in Chemistry as one of the subjects from a University established by law in India or a qualification recognized by the Government as equivalent thereto."
(3.) A preliminary examination was held on 26 June 2013. The results of the preliminary examination were declared on 23 May 2014. The main examinations were conducted from 1 July 2014 and results were declared on 13 January 2015. The interview was held on 3 March 2015. Final results were notified on 26 May 2015. After the marks were uploaded, according to the petitioner in the month of June 2015, he submitted a representation on 12 August 2015. The petitioner had obtained 961.6 marks in the written examination, comprised of the actual marks in the compulsory papers plus scaled score of optional papers. The petitioner scored 100 marks in the personality test. The total marks were 1061.6.;