HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition no. 542 of 2008 (S/S) Krishna Avtar Sharma. ----Petitioner. Vs. State of Uttarakhand and three ors. --Respondents. Mr. S.S. Yadav, Advocate for the petitioner, Mr. H.M. Raturi, Standing Counsel for the State, Dated: September 7, 2009. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. Present petition has been filed by the petitioner for the following reliefs:- i. Issue a writ, order or direction in the nature of certiorari quashing the qualification clause-1 of the Ziledar examination, 2008 quoted as “ fnukad 30-06-08 dks vH;FkhZ dh flapkbZ foHkkx] mRrjk[k.M esa lhapi;Zos{kd ds in ij fujUrj dk;Z djus dh vof/k 7 o"kZ ls de u gks”; ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 & 2 to permit the petitioner provisionally in the Ziledar examination, 2008 which is going to be held on 27.07.2008; iii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to postpone the examination till the decision of the writ petition; iv. Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case; v. To award the cost of the petition in favour of the petitioner. 3. Learned counsel for the petitioner argued that the condition of seven years service on the post of ‘Seench Paryavekshak’ imposed by the respondents for pr0motional examination on the post of ‘Ziledar’ is arbitrary and violative of Article 14, 16 and 21 of the Constitution of India. He submitted that such condition is 2 contrary to the relevant service rules and deserves to be set-aside. 4. On the contrary the respondents have come up with the case that since the petitioner was not found eligible to be considered for promotion on the post of Ziledar therefore, his application for participating in the examination was not recommended. Contention of the respondents in regard to the eligibility criteria is mentioned in paragraph-6 of the counter affidavit which is quoted hereunder:- “That the contents of para-3 of the writ petition are denied, as stated. It is stated that as per service rules, which is annexed as annexure no.4 to the writ petition known as “Irrigation Department, Uttaranchal, Revenue Establishment Service (Group-C and D) Rules 2003, in which at para 5(c) of part-III of recruitment of source of service of the eligibility for the post of Ziledar is provided, which is as follows:- bl lsok ds inksa ij HkrhZ foHkkx esa dk;Zjr ,sls lhap Ik;Zos{kdksa esa ls vuqi;qDr dks NksM+rs gq,] inksUufr }kjk dh tk;sxh ftUgksaus HkrhZ ds o"kZ dh igyh tqykbZ dks lkr o"kZ dh lsok iw.kZ dj yh gks] rFkk foHkkxh; ijh{kk Hkh mRrh.kZ dj yh gksA Thus, the petitioner was not found eligible and his form of application was not recommended. The petitioner has knowingly concealing the Rule 5 (c) at part-III of said service rules.” 5. Provision regarding recruitment on the post of ‘Ziledar’ is given in Rule 5-C of the Irrigation Department, Uttaranchal Service of Revenue Subordinate Cadre (Group- “B” & “C”) Rules, 2003. This Rule provides that recruitment to the service of ‘Ziledar’ shall be made by promotion, subject to rejection of unfit, amongst the 3 Seenchparyavekshak, who have completed 7 years of service. Relevant Rule is quoted below:- “Rule 5- Source of recruitment- Recruitment to the various posts of the service shall be made as follows: C. Ziledar- The recruitment to the service shall be made by promotion, subject to reject of unfit, amongst the Seenpryvekeshak who, on the first day of the year in which selection is made, have completed 7 years of service and have qualified the departmental examination.” 6. Admittedly the petitioner was promoted as ‘Seench Paryavekshak’ on 25th October 2005 and in June, 2008 he has not completed seven years service on the post of ‘Seench Paryavekshak’, therefore, he was rightly not found eligible for the post of ‘Ziledar’. There is no illegality in the condition no.-1 of the notice by which applications were invited from the desirous ‘Seench Paryavekshak’ for promotion on the post of Ziledar. 7. In the forgoing facts and circumstances of the case, the writ petition is dismissed. Interim order dated 15.07.2008 is vacated. No order as to costs. (V.K. Bisht, J.) 07.09.2009 NCM: