Allahabad High Court: In a writ petition filed challenging the administrative experience certificate issued by State Government and communication issued by Secretary, U.P. Public Service Commission recommending name of respondent 5 to the State Government for the post of Principal, State Homeopathy Medical College, Vivek Chaudhary, J cancelled the entire selection process initiated by Advertisement issued for two posts of principal of State Homeopathy Medical College.
Background:
In the case at hand, on 24-08-2013, an advertisement was issued for two posts of principal of State Homeopathy Medical College with a note at the bottom of the advertisement requiring that the experience certificate should be issued by appointing authority and counter signed by Director, State Homeopathic Service or competent authority of the State Government. Petitioner, respondent no.5 and other persons applied for the said post.
On 15-07-2015, the Commission issued a communication that the teaching/administrative experience certificate can be submitted within a period of one month, otherwise the application shall not be considered. The said note was issued, as none of the candidates who had applied had submitted a complete/correct experience certificate.
The petitioner submitted that the respondent no.5 does not have the required administrative experience. Further, the said certificate was submitted much after the cut-off date and, hence, the same cannot be accepted.
The respondent submitted that the name of respondent no.5 was rightly recommended, as he stood above the petitioner in the merit list after interview. The certificate is duly issued both with regard to his education and administrative qualifications and, therefore, there is no illegality in the said selection process.
Analysis:
The Court said that the manner in which the Commission and the State Government has proceeded with the present selection process is shocking. The advertisement was made on 24-08-2013 with the cut-off date as 24-09-2013. The required certificates were to be submitted before the said date. The qualification certificate, including the administrative experience certificate, was required to be issued by the State authorities.
The Court expressed sadness, while noting that the State authorities failed in their responsibility throughout the selection process. They ought to have issued the qualification/experience certificate of all candidates who had applied to the Commission before the said cut-off date, as they all were employees of State. Further, the Court was surprised that the selection process proceeded without even verifying the qualifications of the candidates participating in the selection process.
It also took note of Rules 31 and 32 of U.P. Public Service Commission Selection (Procedure and conduct of Business) Rules, 2011, and said that as per Rule 32, examination including interview shall be conducted only of candidates who are qualified. However, in the present selection process, the interviews were conducted without even verifying the qualification and experience certificate of the candidates. No merit list could have been prepared, without verification of qualification, still names were forwarded to the State Government for making appointment. This shows that a mockery of the entire selection process is made by the Commission as well as by the State Government.
The Court further said that it is not at the discretion of the State authorities to issue or not to issue the qualification/experience certificate. They were duty bound to issue the same. The aforesaid situation has vitiated the entire selection process. Nearly 10 years have passed, and the selection process is not yet completed. The qualification of candidates, which was required to be scrutinized by the State, apparently was never done. The certificates were issued without any application of mind.
The Court said that the certificate dated 13-08-2015 issued in favour of the petitioner does not contain the basis on which the same was issued. It was also not clear as to why the certificate is issued only regarding some of the candidates and not regarding all the candidates. Even if a person was not qualified, it was incumbent upon the State authorities to issue a certificate to the said effect. The State authorities sat over the matter in a highly arbitrary and illegal manner. The Commission has also, in a highly arbitrary and illegal manner, proceeded with the selection without even verifying the qualifications of the participants. This has vitiated the entire selection process.
The Court also said that it is not the job of the Court to summon the record and verify the qualifications and experience of each candidate and decide upon the same. However, at this stage, it is not proper to further delay the selection process by requiring the State to verify and certify qualifications/experience of all the participating candidates and thereafter, requiring the Commission to again hold the selection process based on fresh qualified candidate list. Thus, the Court cancelled the entire selection process initiated by Advertisement No.1/2013-14, dated 24-08-2013.
[Dr. Ram Chandra Singh Yadav v State of U.P., 2023 SCC OnLine All 161, Order dated: 27-04-2023]
Advocates who appeared in this case :
Counsel for Petitioner: – Advocate Laltaprasad Misra, Advocate Badrish Kumar Tripathi
Counsel for Respondent: – Advocate Ashok Shukla, Advocate Keshav Ram Chaurasia,Advocate Raj Kumar Upadhyaya, Advocate Ravi Shankar Tewari,Advocate Vijay Dixit
