IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 17940 of 2011 Date of Decision: 23.9.2011. Union Public Service Commission --Petitioner Versus Central Administrative Tribunal, Chandigarh & another --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. HON'BLE MS. JUSTICE RITU BAHRI. Present:- Mr. Onkar Singh Batalvi, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) This petition is directed against the order dated 12.5.2011 passed by the Central Administrative Tribunal, Chandigarh Bench, whereby the O.A filed by the respondent has been allowed and the interim order of allowing him for interview provisionally confirmed. Briefly stated, the facts giving rise to the present petition are that the U.P.S.C advertised post of Deputy Director, Biology as Item No.9 vide Advertisement No.13 of 2008. Respondent no.2 claiming to be eligible applied for the said post. The qualification prescribed for the post were Masters Degree in Botany/Zoology/Microbiology/Biotechnology with Botany or Zoology as one of the subjects at B.Sc level with 10 years experience of analytical method of research in the relevant field, out of which 3 years experience should be in Forensic Science Laboratory. The application of the respondent no.2 was rejected being incomplete on the ground that he did not furnish any proof of having studied Botany/Zoology/Microbiology/Biotechnology with Botany or Zoology at CWP No. 17940 of 2011 -2- graduation level. Respondent no.2 filed O.A No.259/CH/2011 along with others challenging the rejection of his application. The Tribunal vide its interim order dated 21.3.2011 allowed respondent no.2 to appear for the interview provisionally for the post of Deputy Director (Biology) on 22.3.2011 with a further direction to keep the result of the interview in a sealed cover. Consequently, respondent no.2 was allowed to appear in the interview and his result was kept in a sealed cover. The O.A has been finally disposed of vide the impugned order. The Tribunal on the basis of the application of the respondent no.2, which was produced by the U.P.S.C found that the respondent no.2 had Masters Degree i.e. M.Sc., Zoology with specialization in Entomology to his credit and thus necessarily he had studied Biology at graduation level. The Tribunal also found that respondent no.2 was working as J.S.O (Biology) in the same department which fact has not been considered by the U.P.S.C. The Tribunal also examined the record of the interview of U.P.S.C and found that U.P.S.C has recommended respondent no.2 for the post of Deputy Director. On the basis of these facts the Tribunal allowed the O.A and interim order allowing provisional interview of respondent no.2 has been affirmed. The only argument advanced by Mr. Batalvi, learned counsel for the official respondents is that respondent no.2 did not furnish proof of study at graduation level and thus was ineligible. It is, however, conceded that respondent no.2 is M.Sc., Zoology which necessarily means having studied Zoology at graduation level as without that he could not have acquired degree of M.Sc., Zoology. It is also conceded that respondent CWP No. 17940 of 2011 -3- no.2 was serving as J.S.O (Zoology) in the same department. Thus, the findings recorded by the Tribunal cannot be faulted with. No merit, petition dismissed. (PERMOD KOHLI) JUDGE (RITU BAHRI) JUDGE 13.9.2011. lucky