This court dismissed a writ petition challenging an advertisement introducing a Preliminary Eligibility Test for Health Worker recruitment. The court held that the selection Commission had the power to hold a screening test under the relevant U.P. Direct Recruitment Regulations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- WRIT - A No. - 6487 of 2022
Petitioner :- Sheshi And 32 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Navin Kumar Sharma, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Mr. Siddharth Singhal, learned counsel for the respondent no.5.
By means of this petition, the petitioners have sought a writ of Certiorari quashing the 3rd paragraph of impugned advertisement no. 02-पररकक/2021, dated 05.04.2022 issued by respondent no.5 and further prayer to direct the respondents to permit the petitioners to submit their online applications to participate in the main examination pursuant to the advertisement no. 02-पररकक/2021, dated 15.12.2021 for the post of Basic Health Worker (Female) Main Examination.
The only argument raised by learned counsel for the petitioners before this Court was that there is no provision in the service rules for holding of Preliminary Eligibility Test and now by letter dated 07.07.2021 the respondent no. 1 has given relaxation to the ANM candidates, who were working on contractual basis for participating in PET, therefore, the action impugned is liable to be quashed and the writ petition be allowed.
Learned counsel appearing for the Commission submitted that the contention raised by the petitioners' counsel is incorrect on facts and absolutely misconceived in law. He referred to the relevant services rules to show that the Commission had the power to hold such a Preliminary Eligibility Test as per the applicable rules. He also informs that Preliminary Eligibility Test is being conducted for all Group 'C' posts in various departments including Health Workers (Female) and not merely for the latter.
He further submits that similar controversy has been settled in Special Appeal No. 74 of 2022 (Smt. Mridul (In Wria 96 of 2022) Vs. State of U.P. Thru. The Addl. Chief Secy, Health) which has been dismissed by Division Bench of High Court of Judicature at Allahabad (Lucknow Bench), vide order dated
09.03.2022.
The Court may, first of all, refer to the Uttar Pradesh Medical, Health and Family Welfare Department Health Workers and Health Supervisors (Male and Female) Non-Gazetted, Service Rules, 2018 (hereinafter referred to as ''the Rules, 2018'). PartV of the said Rules deals with the procedure for recruitment. As per Rule 14 contained therein the appointing authority is required to determine the number of vacancies to be filled during the course of the year of recruitment etc and the number of vacancies to be filled through the Commission are required to be intimated to it.
Rule 15(a) of the Rules, 2018 reads as under:-
"15. (a) Direct recruitment to the Posts of Health Worker (Male) and Health Worker (Female) shall be made in accordance with the Uttar Pradesh direct recruitment to Group ''C' Posts (Mode and Procedure), Rules, 2015, as amended from time to time."
Clause (b) and (c) of Rule 15 of the Rules, 2018 deal with weightage to a person who is working as Auxiliary Nurse Midwife on contract basis which is not relevant for the purposes of this case.
In view of Rule 15 (a) of the Rules, 2018 direct recruitment to the posts of Health Worker (Female) is to be made in accordance with the Uttar Pradesh Direct Recruitment to Group ''C' Posts (Mode and Procedure), Rules, 2015, (hereinafter referred to as ''the Rules, 2015') as amended from time to time. The Court may, therefore, straightaway referred to these Rules of 2015. Rule 8(1) of the Rules, 2015 deals with the procedure for direct recruitment and it reads as under:-
"8(1) The procedure for direct recruitment, the syllabus, marks of written examination/interview and the rules relating thereof shall be such as prescribed by the Commission from time to time with the approval of the Government."
Now, as per Rule 15 (a) of the Rules, 2015 Procedure for Direct Recruitment etc shall be such as prescribed by the Commission from time to time with the approval of the Government.
Now, in this very context, the Court may refer to U.P. Subordinate Services Selection Commission (Procedure & Conduct of Business), Regulation, 2015 (hereinafter referred to as ''the Regulation, 2015') which have been made by the U.P. Subordinate Services Selection Commission, with the prior
approval of the State Government, in exercise of powers conferred by Section 16 and 23 of the U.P. Subordinate Services Selection Commission Act, 2014. Now, Regulation 6 of the said Regulation, 2015 deals with the procedure for selection of candidates. The Regulation 6 of the Regulation, 2015 is quoted hereinbelow:-
"(1) The Commission shall make selection of candidates examination or by interview or by both through objective or other form of test in accordance with the provisions of the relevant service rules/regulations.
(2) The Commission may with the prior approval of the Government, hold a combined competitive examination for a group of posts and may also take a preliminary test or examination for screening of candidates.
(3) The Commission shall advertise the vacancies through the Print media or Electronic media or both and invite applications from eligible candidates. Manner of inviting application forms includes online submission of application forms through Internet as prescribed by the Commission. Applications received in response to advertisement shall be scrutinized by the office in the manner determined from time to time.
(4) In making selection by competitive examination or interview including preliminary examination or test, the Commission may take recourse to modern testing aids including the use of computers at one or more stages of selection viz the stages of receipt and processing of applications, issue of call letters, evaluation of answer books, issue of interview letters and processing of results under the close supervision of one or more officers of the Commission to be nominated by the Chairperson.
(5) Notwithstanding anything to the contrary contained in relevant Service Rules or Government orders regarding recruitment, the Commission may hold preliminary examination/screening test for finding out suitable candidates for admission to main examination or interview, as the case may be.
(6) Preliminary examination shall mean screening test to be conducted by the Commission with the purpose of finding out suitable candidates in required proportion as fixed by the Commission in each category, reserved and unreserved for admission to the main examination or interview, as the case may be.
(7) Preliminary examination shall be conducted in the manner
prescribed in the Uttar Pradesh Direct Recruitment through Public Service Commission Preliminary Examination Rules, 1986 as amended from time to time, which is deemed to be adopted for the said purpose. The marks obtained by the candidates in the preliminary examination/screening test shall not be counted for determining final order of merit.
(8) The Commission shall fix the place, dates and time of examination which includes preliminary examination/ screening test and main examination, as the case may be.
(9) The centers of examinations shall be fixed with prior approval of the Commission.
(10) All arrangements for such examinations shall be made by the Controller of Examination cum Joint Secretary in consultation with the Secretary and in accordance with such directions as may be issued by the Commission in that behalf."
On a bare reading of the above quoted Regulation 6, it is clear that the Commission is empowered to take a preliminary test or examination for screening of candidates with the prior approval of the Government. Sub-regulation (5) of the Regulation 6, in fact, goes on to state that notwithstanding anything contained in relevant service rules or government orders regarding recruitment, the Commission may hold preliminary examination/ screening test for finding out suitable candidates for admission for main examination or interview, as the case may be. Sub-regulation (6) of Regulation 6 says that the preliminary examination shall mean screening test to be conducted by the Commission with the purpose of finding out suitable candidates in required proportion as fixed by the Commission in each category, reserved and unreserved for admission to the main examination or interview, as the case may be. Sub-regulation (7) of Regulation (6) says that preliminary examination shall be conducted in the manner prescribed in the Uttar Pradesh Direct Recruitment through Public Service Commission Preliminary Eligibility Test Rules, 1986 as amended from time to time, which is deemed to be adopted for the said purpose. The marks obtained by the candidates in the preliminary examination/ screening test shall not be counted for determining final order of merit.
The only argument raised by learned counsel for the petitioner that there is no provision for holding a preliminary test is belied from the provisions quoted hereinabove. It is not his case that prior approval of the Government has not been taken before holding such preliminary test, nevertheless, as informed by learned counsel for the Commission, such prior approval has
been taken and is referred in the letter of the Commission dated 22.07.2021.
This apart, learned counsel for the Commission also informs the Court that though the petitioners have annexed a letter of Additional Chief Secretary, Medical & Health dated 07.07.2021 requesting the Commission to do away with the provision for Preliminary Eligibility Test for the post of Health Workers (Female) for which the Auxiliary Nurse Midwife are eligible for being considered, what the petitioners have not disclosed is that based on this, the Commission had sought guidance from the Karmik Department of the State Government vide its letter dated 22.07.2021 and Karmik Department of the State Government informed the Commission with a copy of the decision to the Additional Chief Secretary, Medical & Health that the proposal of the department for doing away with the preliminary eligibility test cannot be accepted at this stage when the selection/ examination has already been set in motion.
Be that as it may, in view of the discussion already made, as no other ground has been pressed by learned counsel for the petitioner before this Court and there is a provision under which the preliminary test could be held by the Commission, the post being within the purview of the Commission and there being no dispute in this regard, the petition fails and is liable to be dismissed.
Accordingly, the present writ petition is dismissed .
Order Date :- 4.5.2022 Jitendra/-
Digitally signed by JITENDRA KUMAR YADAV Date: 2022.05.06 10:23:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the selection authority has the power to impose a Preliminary Eligibility Test without a specific provision in the service rules.
Whether the conduct of a preliminary screening test violates the statutory framework for direct recruitment.
Sheshi And 32 Others
State Of U.P.
Respondent No. 5
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
