Qualifications Not Verified, Experience Certificates Not Issued: Allahabad HC Scraps Selection Process For Principal At Homeopathy College
"It is not the discretion of the State authorities to issue or not to issue experience certificates – even if a person was not qualified, it was incumbent upon the authorities to issue a certificate to that effect", the court said.
The Allahabad High Court at Lucknow Bench recently cancelled the entire selection process for the appointment of Principal in State Homeopathy Medical College.
Court observed that State authorities as well as the Public Service Commission sat over the matter in a highly arbitrary and illegal manner. It is not the discretion of the State authorities to issue or not to issue experience certificates – even if a person was not qualified, it was incumbent upon the authorities to issue a certificate to that effect, the court said.
The bench of Justice Vivek Chaudhary, while disposing of the petition, held, “Nearly 10 years have passed and the selection process is not yet completed. The qualification of candidates, which was required to be scrutinized by the State, apparently was never done. At whims certificates were issued without any application of mind. Even certificate dated 13.08.2015 issued in favour of petitioner does not contain the basis on which the same is issued. It is also not clear as to why the certificate is issued only with regard to some of the candidates and not with regard to all the candidates.”
The court clarified that it is not the job of the Writ Court to summon the record and verify the qualifications of each candidate.
The petitioner challenged the administrative experience certificate dated 31.08.2018 issued by State Government and communication dated 18.12.2018 issued by Secretary, U.P. Public Service Commission, Allahabad, recommending the name of Opposite Party No. 5 for the Post of Principal, State Homeopathy Medical College.
As per the advertisement dated 24.08.2013 issued for appointment as aforementioned, the necessary qualifications were;
(1) diploma or degree in Homeopathy or qualification as provided in 3rd Schedule to the Homeopathy, Central Council Act, 1973 (2) 5 years of administrative experience along with 10 years teaching experience in any recognized Homeopathic Medical College or Hospital. It was added that the experience certificate should be issued by appointing authority and counter signed by Director, State Homeopathic Service or competent authority of the State Government.
The issue before the Court in the present petition was whether the Selection process was conducted as per Rule 31, 32 of the U.P. Submic Service Commission Selection (Procedure and conduct of Business) Rules, 2011. In other words, whether the interview process commenced after ensuring that the qualifications and experience certificates of all candidates were in conformity with the advertisement.
Case Title: Ram Chandra Singh Yadav v. State of UP