Govind Singh vs State Of Uttarakhand & Another

Pankaj Purohit, J

By means of this writ petition, petitioner has sought the indulgence of this Court for a direction for quashing the order dated 19.12.2023 issued by the respondent no.2-Commission, whereby the petitioner was directed to supply the evidence of possessing intermediate qualification, otherwise the candidature of the petitioner would be rejected.

Heard learned counsel for the parties.

It is the case of the petitioner that petitioner is a Ex-Army Personnel, who retired from the Indian Army after putting more than seventeen years of service. Pursuant to the advertisement dated 21.10.2022, petitioner submitted his candidature for the post of Forest Guard under the quota reserved for Ex-Army Personnel in the Uttarakhand. According to the advertisement, the educational qualification for the said post is intermediate or equivalent qualification. Petitioner being a retired Ex-Army Man and having a graduate certificate submitted his candidature, but instead of considering the candidature of the petitioner, the petitioner was called upon to supply some evidence regarding the fact that he possessed the qualification of intermediate.

It is submitted by learned counsel for the petitioner that as per the graduation certificate, which is annexed as annexre-2 to the writ petition, petitioner is a graduate and has passed the matriculation examination in the year 2000 from G.I.C. Shantipuri, U.S. Nagar, there is no point in calling upon the petitioner to give proof of his intermediate qualification. He further drawn the attention of this Court at page 46 of the writ petition and submits that there is a Government Order issued by the State of Uttarakhand, wherein a certificate of graduate, which is annexed and supplied by the petitioner is to be considered for Group-C services being educationally eligible for the said post.

From perusal of the record as well as the impugned order dated 19.12.2023, it is not clear as to whether as yet the candidature of the petitioner has been rejected or not.

In this view of the matter, the writ petition is disposed-off finally with a direction to the petitioner to move a representation detailing his grievances therein to the Secretary of the respondent-Commission within a period of three days’ from today and the respondent-Secretary of the Commission shall decide the same, in accordance with law with a speaking and reasoned order, within one week thereafter.

Let a certified copy of this order be issued to the learned counsel for the parties, today itself, on payment of usual charges.