JUDGEMENT
Harish Tandon, J. -
(1.) An unsuccessful candidate has filed the instant writ petition challenging the order dated 24th November, 2015 passed by Central Administrative Tribunal, Calcutta Branch directing the Union Public Service Commission to consider the experience certificates issued by the Andaman & Nicobar Administration in respect of three candidates called for interview and also to see as to whether the experience certificate issued by the said Administration in favour of these candidates were in accordance with the requirements of the short listing.
(2.) An advertisement was published for five posts of Principal (Senior Secondary Schools) / Lecturer (State Institute of Education) / Deputy Education Officer / Deputy Director (Adult Education) in the Directorate of Education, Andaman & Nicobar Administration in the Employment News dated 26th June, 2010 to 2nd July, 2010. The essential qualifications enshrined therein are that the candidates must have a Master's Degree from a recognised University or equivalent and a Degree or diploma in Teaching/Education from recognised University/Institution with 10-years experience of teaching in a Secondary School. The desired qualification includes administrative experience, Doctorate Degree of recognised University or equivalent and knowledge of local language/dialect. It was further indicated therein that the age relaxation can be extended to the Central Government employees.
(3.) The centre of challenge hinges on the certificate to be attached with the application under Item 7 thereof which is reproduced as under:-
"ITEM 7 CERTIFICATE TO BE ATTACHED
Sub-Para-iv, Certificate(s) from the Head(s) of Organization(s) / Department(s) for the entire experience claimed, clearly mentioning the duration of employment (date, month & year) indicating the basic pay and consolidated pay. The Certificate(s) should also mention the nature of duties performed / experience obtained in the post(s) with duration(s). These Certificates should be issued on the Letter Head or duly stamped by the competent authority.
Sub-Para-vii, a candidate who claims to belong to one of the Other Backward Classes has to submit in support of his claim an attested copy of a certificate in the prescribed form issued by the competent authority specified by the G.O.I. in their OM.36012/22/93- Estt. (SC), dtd. 22- 10-1993. Candidate seeking reservation as OBC has to submit a declaration in the prescribed format, that he/she does not belong to the Creamy Layer on the crucial date, in addition to community certificate (OBC); unless specified otherwise, the closing date for receipt of applications for the post is to be treated as crucial date. Candidate may produce the original certificate at the time of interview.";
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