Court No. - 6
Case :- WRIT - A No. - 13413 of 2018 Petitioner :- Tikeshwar Prasad And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble B. Amit Sthalekar,J.
Ms. Monica Vaish files Vakalatnama on behalf of the respondents no.2 & 3 today in the Court. The same is taken on record.
Heard Shri Anoop Trivedi, learned counsel for petitioners who are 11 in number, learned Standing Counsel for the respondent no.1 and Ms. Monica Vaish, learned counsel for the respondents no. 2 & 3.
The petitioners in the writ petition are seeking quashing of the order dated 13.05.2018 passed by the respondent no. 3 whereby the result of 714 candidates for the post of Technician Grade II (Electrical) has been cancelled which includes the petitioners also.
Earlier a writ petition by some persons, who had not been selected because they did not possess the certificate of CCC, was filed before the Court being Writ-A No. 41750 of 2015 (Prashant Kumar Jaiswal & 12 Others vs. State of U.P. & 10 Others). The writ petition was allowed vide judgment and order dated 07.10.2017 and the select list insofar as it included candidates who did not hold CCC certificate conferred or recognized by NIELIT was quashed. The respondents were directed to redraw the select list restricting it to candidates who hold a recognized CCC certificate or a qualification recognized in law as being equivalent to.
The contention of the learned counsel for the petitioners, referring to the document filed as Annexure-7 to the writ petition, is that they possess the CCC certificate as well as its equivalent certificate which has not been considered by the respondents.
In the opinion of the Court, the petitioners should be given an opportunity to appear before the respondent no.3 (Secretary, Electricity Service Commission, U.P. Power Corporation Ltd., Gomti Nagar Extn., Lucknow) on a specific date with all their testimonials which are shown in the document filed collectively as Annexure-7 to the writ petition which shall be individually examined by the respondent no.3. The respondent no.3 shall thereafter determine whether the petitioners possessed the CCC certificate or any certificate equivalent thereto on the requisite date.
The writ petition is, therefore, disposed of with a direction to the petitioners to appear before the respondent no. 3 on 18.06.2018 at 11:00 a.m. with all their testimonials. The respondent no. 3 shall examine the same, afford an opportunity of hearing to the petitioners and pass appropriate order in accordance with law.
The order impugned dated 13.05.2018 shall be subject to any final orders which may be passed by respondent no.3 so far as it relates to the petitioners. Till a decision is taken by respondent no.3, the respondents shall not interfere with the working of the petitioners.
Order Date :- 31.5.2018 N Tiwari