 Exam held from which is scheduled to be commenced from March 23, 2022 to March 27, 2022.){kind=link}
The Allahabad High Court has directed to include ex-servicemen, who applied for the post of Principal in Government Inter College in the PCS (Main) Exam, scheduled to commence from March 23 to 27, 2022.
A Single-Judge Bench of Justice Manju Rani Chauhan passed this order, while hearing a Petition filed by Harendra Singh.
By means of the writ petition, the petitioner has prayed following relief:
“(a) Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and quashing the impugned notification dated 15.03.2022 issued by the Examination Controller, Uttar Pradesh Public Service Commission, Prayagraj only to an extent that the candidature of the petitioner has been rejected/non-suited for appearing in PCS (Main) Exam 2021 in reference to selection on the post of Principals, Government Intermediate Colleges (For Boys or Girls) initiated vide Advertisement No. A-1/E-1/2021 dated 05.02.2021 issued by the Secretary, Uttar Pradesh Public Service Commission, Prayagraj.
(b) Issue a writ, order or direction in the nature of Mandamus directing the Secretary, Uttar Pradesh Public Service Commission, Prayagraj to allow the petitioner to appear in the PCS (Main) Exam 2021 in reference to selection on the post of Principals, Government Intermediate Colleges (For Boys or Girls), which is scheduled to be commenced from 23.03.2022 to 27.03.2022.
(c) Issue a writ, order or direction in the nature of Mandamus directing the respondents to also declare the result of the petitioner after appearing in the PCS (Main) Exam 2021 along with other candidates having appeared in the said examination of PCS (Main) Exam 2021, in pursuance of the Advertisement No. A-1/E-1/2021 dated 05.02.2021 for the selection of Combined State/Upper Subordinate Services (PCS) Examination, 2021 issued by the Secretary, Uttar Pradesh Public Service Commission, Prayagraj.”
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It is the case of the petitioner that an advertisement being Advertisement dated 05.02.2021 for the selection of Combined State/Upper Subordinate Services (PCS) Examination, 2021 was published by the Secretary, Uttar Pradesh Public Service Commission, Prayagraj. Pursuant to the aforesaid advertisement, the petitioner, after completing all formalities and submitting application forms through online along with the relevant documents, applied for the selection in Combined State/Upper Subordinate Services (PCS) Examination, 2021, in ex servicemen quota of Other Backward Class Category.
Thereafter, the petitioner appeared in the PCS (P) Exam 2021 and was declared qualified for PCS (Main) Exam 2021 with reference to the post of Principals, Government Intermediate Colleges ( for Boys or Girls).
As per the teaching qualifications, the petitioner taught taught in high school as an assistant teacher for a period of two years, two months and fourteen days, the petitioner taught in District Institute of Education and Training, Firozabad as Lecturer for a period of eight months and four days and further the petitioner taught the Sailors (Technical)/Officers of Indian Navy in Indian Naval Ship, Shivaji (Lonawala, Maharashtra), Indian , which happens to be a Centre of marine Engineering Technology.
Therefore, the petitioner had teaching experience of four years, one month and twelve days. However, the petitioner has not been issued admit card for appearing in the PCS (Main) Exam 2021 which is scheduled to be commenced from tomorrow 23rd March, 2022 to 27th March, 2022, as his candidature has been rejected by the respondent Commission vide notification dated 15th March, 2022 impugned in the writ petition.
Counsel for the petitioner submitted that the order rejecting the candidature of the petitioner to appear in PCS (Main) Exam 2021 which is scheduled to be commenced from tomorrow 23rd March, 2022 to 27th March, 2022, is wholly arbitrary and illegal, as no specific reasons have been assigned in the same as to why the candidature of the petitioner has been rejected. The order hits the fundamental rights of the petitioner, which have been given to him under Articles 14, 16 and 21 of the Constitution of India.
In reply, M.N Singh, Advocate appearing for the respondent-Commission, on the basis of instructions received by him, submitted that the petitioner, while applying for the selection in Combined State/Upper Subordinate Services (PCS) Examination, 2021, in ex-servicemen quota of Other Backward Class Category, had submitted three teaching experience certificates. In the first certificate, the teaching experience of the petitioner has been mentioned for the period between 17th April, 2018 to 30th June, 2020 i.e the total period of the same is “two years, two months and thirteen days”.
In the second certificate, the same has been mentioned for the period between 1st July, 2020 to 3rd December, 2021 i.e. the total period of the same is “one year and five months only.
Therefore, it is apparent that upto the last date of submission of the application form i.e. 5th March, 2021 as required in the aforesaid advertisement, the petitioner has possessed the total teaching experience of 2 years, two months and thirteen days+eight months only i.e. nearly 2 years, ten and half months.
So far as the third teaching experience certificate submitted by the petitioner, wherein the teaching experience of the petitioner has been mentioned for the period between 27th April, 2009 to 21st July, 2010 i.e. one year, two months and twenty four days, is concerned, counsel for the respondent-Commission submits that the same is meant for experience as instructor and not for teaching experience of the petitioner, hence the same has not been considered by the respondent-Commission.
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He, therefore, submitted that since the petitioner does not possess the teaching experience of three years, as required in the aforesaid advertisement and he possess the teaching experience of nearly two years and ten and half months only upto the last date of submission of the application form i.e 5th March, 2021, his candidature has been rejected under the order impugned.
The Court noted that, In Perusal of the copy of the certificate of teaching experience of the petitioner, goes to show that the petitioner has carried out the instructional / teaching duties in the following subjects for officers and sailors courses:
“i) SHIP’s SYSTEM.
ii) POL,
iii) NADR
iv) SHIP’S HUSBANDRY, and
v) GEP”
After perusal of the same, when the Court made pointed query to the Counsel for the respondent Commission as to why such period as mentioned in the said certificate has not been considered, as teaching experience of the petitioner, he undertakes that the same will be taken into consideration and the petitioner shall be permitted to appear in the PCS (Main) Exam 2021 in reference to selection on the post of Principals, Government Intermediate Colleges (For Boys or Girls), which is scheduled to be commenced from March 23, 2022 to March 27, 2022, provisionally.
He also submitted that the said undertaking shall be communicated to the Secretary, U.P Public Service Commission, Prayagraj verbally within an hour so that necessary action may be taken.
“All the respondents may file their respective counter affidavit within four weeks. Counsel for the petitioner shall have two weeks’ time to file a rejoinder affidavit thereafter.
As an interim measure, the respondent-Commission including respondent no 2 (Secretary, UP Public Service Commission) is directed to permit the petitioner to appear in the PCS (Main) Exam 2021 in reference to selection on the post of Principals, Government Intermediate Colleges (For Boys or Girls), which is scheduled to be commenced from March 23, 2022 to March 27, 2022″
-the Court ordered.
The Court has fixed the next hearing of the petition on May 6, 2022.