Dalbeer Singh Jayar a v. St at e of Ut t arakhand ot hers

Mr. K.N Joshi, learned DAG. Counsel for UPSC Mr. Pankaj Miglani, learned counsel. JUD GM EN T : ( PER H ON ’ BLE M R. M A N OJ K UM A R TI W A RI . J) Mr. Pankaj Miglani, learned counsel appearing for Public Service Com m ission has produced in Court , hand writ t en applicat ion form subm it t ed by Mr. Dalbeer Singh Jayara, pursuant t o advert isem ent in quest ion, which is t aken on record. Perusal of t he said docum ent reveals t hat appellant had m ent ioned t hat he possesses NCC “ C” Cert ificat e.

2. Appellant applied t he post of Lect urer ( Mat hem at ics) pursuant t o an advert isem ent issued by Ut t arakhand Public Service Com m ission. By t he said advert isem ent , t ot al 1214 vacancies on t he post of Lect urer, Governm ent I nt er College, were not ified. The post of Lect urer is governed by Ut t arakhand Special Subordinat e Educat ion ( Lect urer’s Grade) Service Rules,

2008. 1

3. Rule 9 of t he said Rules deals wit h preferent ial qualificat ions and provides t hat ot her t hings being equal, candidat es ( i) who have served in t errit orial arm y for t wo years or ( ii) who have obt ained NCC ‘B’ cert ificat e or ( iii) have obt ained NSS ‘C’ cert ificat e, would be given preference in appoint m ent .

4. I t is not in disput e t hat Mr.Dalbeer Singh Jayara ( pet it ioner in WPSS No.397 of 2014) , applied for t he post of Lect urer ( Mat hem at ics) pursuant t o t he aforesaid advert isem ent , and he scored 54 m arks but he was not select ed, while one Mr. Pravesh Lekhwar ( respondent no.4) , also scored 54 m arks in t he select ion, and he was included in t he wait ing list by t he select ing body by relying on Ut t arakhand Public Service Com m ission ( Preparat ion of Result ) Procedure Rules,

2012. Mr. Dalbeer Singh Jayara, filed writ pet it ion SS No.397 of 2014, cont ending t hat since he was having NCC “ B” and “ C” cert ificat es, while Mr. Pravesh Lekhwar ( respondent no.4) was not having any of t he t hree preferent ial qualificat ions m ent ioned in Rule 9 of t he Service Rules, t herefore, his nam e ought t o have been included in t he wait ing list in place of respondent no.4 and what ever m ist ake has crept in needs t o be correct ed.

5. The st and t aken by Public Service Com m ission before t he writ court was t hat since Mr. Pravesh Lekhwar ( respondent no.4) was older in age com pared t o writ pet it ioner, t herefore, as per provisions cont ained in Ut t arakhand Public Service Com m ission ( Preparat ion of Result ) Procedure Rules, 2012, respondent no.4 Mr. Pravesh Lekhwar, had a superior right of 2 appoint m ent , consequent ly Respondent no.4 ( Mr. Pravesh Lekhwar) was select ed and recom m ended for appoint m ent as Lect urer ( Mat hem at ics) .

6. Learned Single Judge decided Writ Pet it ion SS No.397 of 2014, vide j udgm ent dat ed 20.01.2015. Paragraph no.3 of t he said j udgm ent reproduced as under: - “ 3. I n view t her eof, in case t he select ed candidat e/ respondent no.4 has not j oined t he post for which his nam e was recom m end by t he Ut t arakhand Public Service Com m ission or is not willing t o j oin t he post , a fact w hich t he Public Service Com m ission shall verify, and t her eaft er if it is so, recom m end t he nam e of t he pet it ioner, provided t here is no ot her ineligibilit y at t ached t o t he candidat ur e of t he pet it ioner.”

7. The j udgm ent rendered by learned Single Judge is challenged not only by t he writ pet it ioner, but also by Ut t arakhand Public Service Com m ission and t he St at e Governm ent , by filing t hree separat e appeals. Heard learned counsel for t he part ies and perused t he record.

8. Law is well set t led t hat Select ing Body/ Public Service Com m ission has t o hold select ion st rict ly as per t he applicable recruit m ent Rules fram ed by t he St at e Governm ent it s rule m aking power and t he Rules/ Regulat ions fram ed t he Public Service Com m ission for regulat ing t he procedure of select ion can apply only when t he Recruit m ent Rules fram ed by t he St at e Governm ent are silent on cert ain aspect s. I n ot her words, t he recruit m ent rules will override t he rules of procedure fram ed by t he select ing body, whenever t here is conflict bet ween t he t wo. 3

9. Adm it t edly, Rule 9 of applicable Recruit m ent Rules provides t hat ot her t hings being equal, preference shall be given t o persons who served in t errit orial arm y for t wo years; candidat es who have obt ained NCC “ B” cert ificat e or NSS “ C” cert ificat e whenever select ion for direct recruit m ent is m ade. Since Mr. Dalbeer Singh Jayara ( pet it ioner in WPSS No.397 of 2014) was having “ C” cert ificat e of NCC, which is higher t han NCC “ B” cert ificat e, and a person wit h NCC “ B” cert ificat e alone is eligible for NCC “ C” cert ificat e; writ pet it ioner had enclosed NCC “ C” cert ificat e wit h his applicat ion form and also claim ed benefit of such cert ificat e, t herefore he was ent it led t o be placed above respondent no.4 ( Mr. Pravesh Lekhwar) in t he select list . I t is nobody’s case t hat Respondent No.4 was also having som e preferent ial qualificat ion.

10. I n ot her words, inclusion of respondent no.4 ( Mr. Pravesh Lekhwar) in t he wait ing list , on t he ground t hat he is elder in age was not proper, and writ pet it ioner had a preferent ial right of appoint m ent , which was wrongly denied by t he Public Service Com m ission t o him .

11. Thus, t he Special Appeal No.154 of 2015 filed by t he writ pet it ioner is allowed. The im pugned j udgm ent dat ed 20.01.2015 passed in WPSS No.397 of 2014 “ Dalbeer Singh Jayara Vs. St at e of Ut t arakhand & ot hers” , is set aside and t he Ut t arakhand Public Service Com m ission is direct ed t o re- draw t he wait ing list for t he select ion in quest ion for OBC cat egory candidat e and recom m end t he nam e of t he writ pet it ioner 4 appoint m ent as Lect urer ( Mat hem at ics) , provided t he vacancies in quest ion is st ill available. M A N OJ KUM A R TI W A RI . J. A SH I SH N A I TH A N I , J. Dt : 25 t h March, 2025 NR/ NITESH RAWA T DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc3988a d93d563d95c70eb77fa0ea4758e40 1cf436bdce9fb, postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434 E89897BCDC0B6567DCE4B7108B3 24FFED3C8A159F3BDD03C, cn=NITESH RAWAT 5