Ram Surat Ram, J. - (1.) Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Shantanu Khare, Sri Anil Tiwari, Sri Seemant Singh and Sri Ramanuj Tripathi, for the petitioners and Sri G.K. Singh, Senior Advocate, assisted by Sri Niseeth Yadav, for U.P. Public Service Commission and Sri Anoop Trivedi, for private respondents in aforementioned writ petitions. As common questions are involved in these writ petitions as such these writ petitions were consolidated and heard together and are being decided by a common order.
(2.) Writ A Nos. 49786, 49800 and 49868 of 2017 have been filed for quashing final select list dated 03.10.2017, pertaining to Advertisement No. A-5/E-1/2010 dated 25.12.2010, for direct recruitment of Additional Private Secretary, U.P. Secretariat Examination 2010 and restraining the respondents to appoint the selected candidates on the basis of aforesaid select list; and for issue of mandamus directing U.P. Public Service Commission to conduct fresh Computer test strictly in accordance with the service Rules, i.e. Computer Knowledge Examination as practical examination on computer terminals, permitting those candidates only, who had requisite qualification and excluding the candidates who did not have CCC Certificate issued by DOEACC Society or other equivalent certificate on the last date of submission of form and committed more than 5% mistake in stenography/typing test. In Writ A No. 50571 of 2017, an additional prayer for considering the candidature of the petitioner, declaring him as qualified, has also been made.
(3.) U.P. Public Service Commission (hereinafter referred to as the Commission) advertised 250 posts of 'Additional Private Secretary' (hereinafter referred to as the APS), (240 posts for general recruitment and 10 posts for special recruitment of backlog vacancies of SC/ST) for direct recruitment as Additional Private Secretary U.P. Secretariat Examination 2010, through Advertisement No. A-5/E-1/ 2010 dated 25.12.2010. Last date of submission of the form was 21.01.2011. According to the advertisement, the candidate must possess requisite qualification on the last date of submission of the form. The services of the APS are governed by U.P. Secretariat Personal Assistant Service Rules, 2001 as amended by U.P. Secretariat Personal Assistant Service (First Amendment) Rules, 2005 (hereinafter referred to as the Rules). Essential academic qualification for the APS as per Rule-8 of the Rules, is (i) bachelor degree from a University established by law in India or a qualification recognized by the Government as equivalent thereto; (ii) minimum speed of eighty words per minute and twenty-five words per minutes in Hindi shorthand and Hindi typewriting respectively; (iii) 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 recognized by the Government as equivalent thereto.;