Uttarakhand High Court
WPSB/434/2022 on 2 August, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE R.C. KHULBE
02ND AUGUST, 2022
WRIT PETITION (S/B) No. 434 OF 2022
Between:
Kulvindra.
...Petitioner
and
State of Uttarakhand and another.
...Respondents
Counsel for the petitioner. : Mr. Dushyant Mainali, the learned
counsel.
Counsel for the respondent no. 1. : Mr. Pradeep Joshi, the learned
Additional Chief Standing Counsel for
the State of Uttarakhand.
Counsel for the respondent no. 2. : Mr. N.S. Pundir, the learned counsel.
JUDGMENT : (per Sri Vipin Sanghi, C.J.)
In pursuance of our order of 29th July, 2022,
learned counsel for the respondent no. 2 has reported
instructions as follows :-
"ek0 mPp U;k;ky;] uSuhrky }kjk fjV ;kfpdk la[;k la0&434
¼,l0ch0½ 2022 dqyfoanj cuke mRrjk[k.M jkT; o vU; esa ikfjr vkns'k fnukad
29-07-2022 ds fcUnq la0&06¼1½ ls 06¼5½ ,oa fcUnq la0&07 ij vafdr i`PNkvksa ds
dze esa 'kklu }kjk miyC/k djk;s x;s vf/k;kpu ,oa lssok fu;ekoyh ds vk/kkj
ij lwpuk fuEuor izLrqr gS&
Point Point Respondent's Reply
No. (UKPSC)
Whether the post of The post of Horticulture
Horticulture Development Development Officer, for
Officer, for which the which the advertisement is
advertisement is issued, is issued, is the same as
the same as District District Horticulture Officer
6(1) Horticulture Officer mentioned in Appendix
mentioned in Appendix A(2), Section B(2) of the
A(2), Section B(2) of the "U.P. Horticulture and Food
"U.P. Horticulture and Processing Group-B Service
Food Processing Group-B Rules, 1993".
Service Rules, 1993"?
Whether the service rules The service rules governing
governing the post of the post of Horticulture
6(2) Horticulture Development Development Officer are
Officer are "U.P. "U.P. Horticulture and Food
Horticulture and Food Processing Group-B Service
Processing Group-B Rules, 1993"
Service Rules, 1993"?
Whether the eligibility The eligibility qualification
qualification for the post for the post of Horticulture
of Horticulture Development Officer is
Development Officer, in "fdlh ekU;rk izkIr fo'ofo|ky;
6(3) terms of the aforesaid ;k laLFkku ls m|ku esa foKku
rules, if so applicable, is Lukrd ¼d`f"k½ ch0,l0lh0 ¼d`f"k½
"B.Sc.(Ag.) or equivalent ;k m|ku fo"k; esa led{k
Degree in Horticulture mikf/kA"
from a recognized
University or Institute"?
If so, whether the The respondent could not
respondent could deviate deviate from the eligibility
6(4) from the eligibility qualification prescribed in
qualification prescribed in the rules.
the rules?
Whether the qualification The qualification prescribed
prescribed for the post of for the post of Horticulture
Horticulture Development Development Officer
Officer (Horticulture and (Horticulture and Food
Food Processing Processing Department) is
6(5) Department) science "fdlh ekU;rk izkIr fo'ofo|ky;
degree in "B.Sc. ;k laLFkku ls m|ku esa foKku
Horticulture from Lukrd ¼d`f"k½ ch0,l0lh0 ¼d`f"k½
recognized University or ;k m|ku fo"k; esa led{k
Institution (Agriculture),
mikf/kA"
B.Sc.(Ag.) or graduate in
Horticulture?
The respondent should The meaning of "B.Sc.
particularly and Horticulture (Agriculture)" is
7 categorically state as to that the candidate should
what is the meaning of have B.Sc. (Agriculture)
"B.Sc. Horticulture degree with Horticulture as
(Agriculture)". a subject.
Note: The candidates who have filled B.Sc. (Ag.) as name of
degree and 'Horticulture' as a subject in Educational Qualifications
details in Online Application Form have already been considered
in preliminary exam result."
2. From the aforesaid stand taken by the
respondents, it emerges that the post of Horticulture
Development Officer, for which the advertisement is
issued, is the same as the post of District Horticulture
Officer mentioned in Appendix A(2), Section B(2) of the
U.P. Horticulture and Food Processing Group-B Service
Rules, 1993. It is also not in dispute that the Service
Rules, governing the post of Horticulture Development
Officer, are the said U.P. Horticulture and Food
Processing Group-B Service Rules, 1993.
3. Though, in respect of the third query,
mentioned in Point 6(3), the answer given is as found in
the aforesaid tabulation, the learned counsel for the
respondent no. 2 states that the minimum qualification,
prescribed under the U.P. Horticulture and Food
Processing Group-B Service Rules, 1993 for the
aforesaid post, is B.Sc. (Agriculture), or equivalent
degree in Horticulture from a recognized University or
Institute. He refers to the answer given to the query at
Point No. 7 to submit that, without amendment of the
Rules, the department had, after the issuance of the
advertisement in question, stated that candidates, who
have undergone B.Sc. (Agriculture), should have studied
Horticulture as a subject for being eligible to be
considered for the post of Horticulture Development
Officer. The meaning of the qualification "B.Sc.
Horticulture (Agriculture)" has been explained as "B.Sc.
(Agriculture) degree with Horticulture as a subject".
4. From the aforesaid, it is clear that under the
Statutory Rules, the minimum qualification prescribed
for the post of Horticulture Development Officer is only
B.Sc. (Agriculture), or relevant degree in Horticulture
from a recognized University or Institute, which could
mean either B.Sc. (Agriculture) or B.Sc. (Horticulture).
The further stipulation that a candidate who has studied
B.Sc. (Agriculture), should have studied the subject of
Horticulture, is the condition, which has no basis in the
Statutory Service Rules. If the respondents were so
minded, it could have amended the U.P. Horticulture and
Food Processing Group-B Service Rules, 1993, which has
not been done. As aforesaid, this condition has been
stipulated only after issuance of the advertisement in
question. Moreover, the expression "B.Sc. Horticulture
(Agriculture)" makes no sense, and it is only now that
the respondents have clarified that it means "B.Sc.
(Agriculture) degree with Horticulture as a subject".
5. In the light of the aforesaid, we allow the
present Writ Petition, considering the fact that the
petitioner has studied B.Sc. (Agriculture) course, as is
evident from the provisional degree certificate issued to
the petitioner of having passed B.Sc. (Agriculture)-Hons.
from Motherhood University, Roorkee.
6. Even though, under the Service Rules
applicable, it is not necessary for the petitioner to have
undergone any course in Horticulture, as a matter of
fact, his statement of marks shows that he has, indeed,
undergone a course in "Breeding of Horticultural Crops"
in the Second Year (Academic Session: 2016-2017); and
"Post Harvest Management and Value Addition of Fruits
and Vegetables" & "Disease of Horticultural Crops and
their Management" courses in the Third Year (Academic
Session: 2017-18).
7. Consequently, the petitioner is fully qualified
to offer his candidature for the post of Horticulture
Development Officer. We, accordingly, direct the
respondents to permit the petitioner to participate in the
mains examination, since the petitioner has secured
marks higher than the cut-off marks, fixed by the
respondents, in the preliminary examination.
8. Consequently, the Office Memorandum dated
21.07.2022, rejecting the representation made by the
petitioner and other similarly situated candidates, is
quashed.
9. We further direct the respondents to
implement this decision in respect of other candidates as
well, who are similarly situated.
10. The Writ Petition is, accordingly, allowed in the
aforesaid terms.
11. In sequel thereto, pending application, if any,
also stands disposed of.
________________
VIPIN SANGHI, C.J.
_____________
R.C. KHULBE, J.
Dt: 02nd August, 2022
Rahul
