HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.321 of 2010 (S/S) Sikander Singh Chauhan s/o Sri Kedar Singh Chaudhan … Petitioner Versus Uttarakhand Public Service Commission … Respondents Dated:- 20th May, 2010 Hon’ble Tarun Agarwala, J. Heard Sri H. C. Pathak, the learned counsel for the petitioner and Sri B. D. Pandey, the learned counsel holding brief of Sri B. D. Kandpal, the learned counsel for the respondent. An advertisement was issued by the Uttarakhand Public Service Commission inviting applications for the post of Lecturer in various Government Inter-Colleges and Government Girls Inter-Colleges in the State of Uttarakhand. The petitioner alleges that he is having the necessary qualification and applied for the post of Lecturer. While filling the OMR Form (Optical Mark Reader), the petitioner did not fill up column no.7, which related to the “applied cadre”, namely, general cadre or female cadre and on account of not filling this column, the application of the petitioner was rejected. The counter affidavit reveals that the petitioner was required to fill up all the columns and column no.7 relates as to whether the candidate has to apply either as a male cadre or as a female cadre. Under the instructions issued in the OMR Form, a female candidate was given the option to apply in the general cadre or in the female cadre, whereas a male candidate could only apply in the general cadre. The reasoning adopted by the respondents is that the post of Lecturer was required to be filled up in a Girls College as well as in a Boys College and that a female candidate could apply in a boys college as well in a girls college, whereas a male candidate would only apply in a boys 2 college. Since the petitioner did not apply in the general cadre, which is for the male cadre, his application was rejected. Having heard the learned counsel for the parties, the court is of the opinion that column no.7 indicated by the Public Service Commission in the O.M.R. form is quite vague. Admittedly, the petitioner is a male and, in column no.4, he indicated his gender as a male person. This information was sufficient for him to earmark him in the male cadre since he could not apply in the female cadre. Consequently, this court is of the opinion that the rejection of the petitioner’s application on the ground that he did not fill up column no.7 cannot be sustained and is quashed. The writ petition is allowed. A mandamus is issued permitting the petitioner to appear in the screening test, if eligible in all other aspects, which is going to be held on 26th May, 2010. Necessary Admit-Card shall be issued to the petitioner. Certified copy of this order shall be made available to the learned counsel for the petitioner within 24 hours. (Tarun Agarwala, J.) Dated 20.05.2010 LSR