Jia Krishan Pandita vs Chairman, J and K PSC and Others

S.K. Gupta, J.—The case of the petitioner as projected in the petition is that he is working as an Accounts Assistant in the Office of

Chairman, State Pollution Control Board, Jammu. That he had qualified ACC Examination vide Notification No. PSC/ACC/Ex-2000/108 dated

23.5.2000 issued by Public Service Commission. Petitioner applied for encadrement in KSAS as an Accounts Assistant. After 'No Objection

Certificate' conveyed by the Administrative Department, the petitioner was encadred in KSAS whereby respondent-3 exercised his power under

Rule 4 of KSAS Rules 1961. The petitioner now seeks benefit of Rule 5(c)(i) of CSR for admission in the Accountancy Training School for the

various Accountancy Courses. The petitioner further stated to have become eligible for taking part in the Examination to be conducted by Public

Service Commission provided he fulfils the requirement of the Rules. Since, the petitioner placed reliance on the aforesaid rule, it would be apt to

reproduce the rule, which reads as under;

Rule-5 (c): Government in the Administrative Department may in any special case grant permission to a person to appear in any one of the

Accountancy Examinations mentioned in Rule 4 above direct except T.C.C. without going through a regular course of training in the School,

provided that:

(i) For appearing in A.C.C. Examination such a person has previously undergone a course of training in T.C.C. class and passed the examination

prescribed for that class and worked for not less than one year as a Treasury Clerk or Accounts Clerk and for appearing in S.A.C. Part I

Examination such a person has previously passed the A.C.C. Examination and worked for not less than [eighteen months] as a qualified Treasury

Clerk/Accounts Clerk and for appearing in SAC Part II examination has passed SAC Part I examination and has worked as a qualified Junior

Accountant in the Kashmir Subordinate Accounts Service for a period of not less than 18 months on the date of the examination held for S.A.C.

Part II Class:

Vide Notification No. PSC/Ex-2001/SAC/67 dated 28.12.2001 issued by respondent-1, petitioner also applied through proper channel for

participating in the Examination of SAC Part-I tentatively to be held in the month of March, 2002. The application form was required to be

endorsed by respondent-3 after recording eligible on each application form. Another notification, however, came to be issued on 29.1.2003 for

conducting the said examination as per schedule indicated in the said notification, which commenced from 24th Feb. 2003. When petitioner

approached respondent-1 for allotting the roll number, however, learnt that his form has not been properly submitted by respondent-3 as the said

Officer has not recorded the eligibility certificate. The petitioner submitted that he is eligible under Rule 5 (c) (i) of CSR, Volume-11, but has been

illegally and arbitrarily ignored by respondent-3 and deprived to appear in the said examination by not recording/granting eligibility certificate that

the petitioner is eligible and entitled to appear in the said examination under the above said rule.

The stand of the respondents in their detailed objections is that since the petitioner has not completed 18 months as Accounts Assistant even on

the last date of submission of application form to the PSC, therefore, respondent-3 could not record his eligibility certificate on the application form

and his application form was not forwarded to the Public Service Commission. It is further stated that petitioner had only completed 12 months as

Accounts Assistant on the last date of submission of the application form.

On going through the material placed on record and the rule position, I do not find any merit in the contention of the respondents. SRO-57

dated 21.2.2003 relied upon by the respondents does not apply in the case of the petitioner. This SRO has a prospective application. As a matter

of fact, the learned counsel appearing for the respondents candidly conceded that Notification SRO-57 dated dated 21.2.2003 cannot have

retrospective application to cover the case of the petitioner. This notification has prospective application and the cases arising after such

notification, would fall within its ambit.

It is not in dispute that the petitioner was encadred as Accounts Assistant vide Government Order No. 58-F of 2001 dated 5.3.2001. As per

the provisions of Rule 5(c)(i) referred to above, the petitioner becomes eligible for appearing in SAC Part-I examination provided he has worked

as a qualified Treasury Clerk/Accounts Clerk (Assistant) in the Kashmir Subordinate Accounts Service for a period of not less than 18 months on

the date of the examination held for ACC.

The petitioner has applied for appearing in the examination vide Notification No. PSC/Ex-2001/SAC/67 dated 28.12.2001, but no examination

had been conducted till the issuance of the second notification dated 29.1.2003. As per schedule contained in the Notification No. PSC/Ex-

2003/8, the examined is indicated to commence on 24.2.2003. The petitioner has completed more than 18 months as Accounts Assistant from the

date of his posting upto the last date of examination as per Rule 5(c)(i) of the Rules for admission in the Accountancy Training Courses and the

examination thereof.

From the facts of the case discernible from the record and the rule position existing prior to SRO-57 dated 21.2.2003, it is clearly manifest that

the petitioner has completed more than 18 months in the encadrement as Accounts Assistant in Kashmir Subordinate Accounts Service from the

date of his posting upto the date of the examination and has qualified for appearing in the examination of SAC Part-I originally notified by the

prescribed Authority (PSC). In this view of the matter, I allow the writ petition and direct respondent-3 to issue the eligible certificate in favour of

the petitioner, as the petitioner fulfils the conditions for appearance in the examination of SAC Part-I in pursuance of notification dated 28.12.2001

under Rules 5(cJ(i). Respondent-3 is further directed to endorse and transmit the application from the petitioner to respondent-I for appearing in

the examination, who would allow him to take the examination in terms of the aforesaid notification. Let this be done within a period of three weeks

from the date a copy of this order passed by the court is made available to the respondents as also to the learned counsel appearing on behalf of

the respondents, by the petitioner. Petition is disposed of accordingly.