Court No. - 38
Case :- WRIT - A No. - 3439 of 2019 Petitioner :- Ajeet Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Neta Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had joined the Indian Army on 29.06.2001 pursuant to his appointment by the Short Service Commission and he was discharged on 1st September 2017. Thereafter, petitioner applied for appointment to the post of Constable in U.P. Police pursuant to the advertisement dated 16th November 2018. He has approached this Court with the grievance that though he has cleared the initial test, but at the stage of document verification he has been non-suited on the ground that petitioner does not possess Intermediate which is the minimum qualification prescribed.
Learned counsel for the petitioner has invited attention to a note appended to Clause 3.2 of the advertisement which reads as under:-
"ऐसस भभतपभरर ससननक कक शसनकक अररतत सनततक मतनन जतएगन जज मसनटट कक लसट रज तथत इनडयन सपसशल आमर सनटरनफकस ट ऑफ़ एजककस शन यत नन ससनत/रतयक ससनत मम समककनय सनटरनफकस ट पतप नकयस रह तथत सइघ कक सशत ससनत मम कम सस कम 15 ररर कक ससरत पभरन कर लन रज"
Attention of the Court has also been invited to a graduation certificate issued by the Indian Army on 29th August 2017. It is submitted with reference to the aforesaid material that petitioner possesses requisite qualification for appointment to the post of Constable, and that his candidature has not been examined with reference to the relevant provisions and the certificate possessed by him.
Counter affidavit has been filed that petitioner's entitlement to be considered for appointment.
A note to para 3.2 of the advertisement in added which has already been extracted above. Any person who possesses requisite qualification in terms of the aforesaid provision would be entitled to be considered for appointment to the post in question. A graduation certificate issued by the Indian Army has been brought on record by the petitioner.
This document apparently was also placed before the authorities, but the claim has been overlooked on the ground that petitioner does not possess Intermediate qualification.
In the facts of the present case, this Court finds that the graduation certificate issued by the Indian Army has not been examined by the authorities with reference to the note appended to Clause 3.2 of the advertisement itself. The non-consideration of petitioner's claim for appointment is, therefore, on a ground which is unsustainable and is contrary to the terms of the advertisement.
Writ petition, therefore, succeeds and is allowed. Respondents are directed to accord consideration to petitioner’s claim for appointment, keeping in view the observations made above, by passing a fresh order, within a period of two months from the date of presentation of certified copy of this order. It would be open for the petitioner to submit his graduation certificate along with other materials while submitting the certified copy before the authorities.
Order Date :- 31.7.2019 M. ARIF