Lohit Singh vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has sought indulgence of this Court, seeking a direction to the respondent No.2 to grant 20-30 days time for providing the ITI certificate from ITI, Baccha Park, Meerut as well as to provide Graduation Degree from Chaudhary Charan Singh University, Meerut and further other reliefs.

It is the case of the petitioner that the petitioner, pursuant to the notification dated 16.01.2024, has submitted his candidature for the post of Amin with respondent-department PWD. The petitioner participated in the selection process and qualified the written examination. Petitioner could not submit the original certificate of ITI and Graduation Degree, however, he submitted the photostate of marksheet of ITI and provisional certificate of Graduation Degree.

Petitioner has submitted that he has completed his ITI from ITI Baccha Park, Meerut and he will submit the original certificate of ITI as soon as he gets the same from the ITI Baccha Park, Meerut. He further submits that he completed his Graduation Degree from Chaudhary Charan Singh University, Meerut in the year 2023 and he will also submit the original degree of Graduation as soon as he will obtain the same from the University.

Learned counsel for the petitioner submits that the petitioner will get the ITI certificate within a period of maximum 30 days; however, the degree of Graduation will take some more time. Therefore, the petitioner prays this Court to give some protection to him so that he will not lose his chance of being appointed on the post of Amin in the respondent-department.

On 05.06.2024, learned counsel for the respondent No.2 was directed to seek instruction as to whether this much accommodation could be given to the petitioner or not.

Learned counsel for respondent No.2, today, comes up with instruction that already one week time has been granted to the petitioner to make available those documents. He further submits that since the select list has been prepared, therefore, it is not possible for Commission to accommodate the petitioner by giving further time for supplying the aforesaid documents.

Having considered the rival submission of the parties and on perusal of the record, this Court is of the view that there is no dispute with regard to the qualification of the petitioner and further, petitioner has qualified in the written examination for the post of Amin with the respondent-department. The only favour the petitioner wants from the respondent-Commission is to provide some time, so that he could submit the aforesaid documents to the Commission, otherwise, he would lose his right to be appointed on the post of Amin.

It is very well within the competence of the respondent-Commission to place the petitioner in the Select List provisionally and provide him a further one month’s time to submit his ITI certificate and to consider his provisional Degree of Graduation for the purpose of his appointment. Thus, this Court is of the opinion that this much protection can be granted to the petitioner.

Accordingly, writ petition is allowed. A writ of mandamus is issued to the respondent No.2-Commission to place the name of the petitioner in the Select List provisionally and that shall be subject to the supply of the aforesaid documents by the petitioner. The petitioner shall submit the certificate of ITI issued by ITI Baccha Park, Meerut within 30 days. However, the provisional degree of Graduation, which he has already produced, shall be considered by the respondent-Commission.