The Nainital High Court pronounced its verdict in the Sugarcane Supervisor recruitment case. The Court stated that determining qualifications is the right of the state government, while the commission should only conduct examinations. The three-year agricultural diploma was recognized, bringing relief to the candidates.
Uttarakhand: The Nainital High Court has delivered a significant verdict in a controversial case related to the recruitment of Sugarcane Supervisors. The Court stated that determining the qualifications of candidates for a recruitment drive is the right of the state government or the employer, whereas the recruiting agency is only responsible for conducting examinations and declaring results. This decision brings a message of relief to those candidates whose selection had been cancelled by the commission.
Background: 78 Posts of Sugarcane Supervisor
This case originated in 2022 when the Uttarakhand Public Service Commission (UKPSC) invited applications for 78 posts of Sugarcane Supervisor. A dispute regarding qualifications arose in this recruitment. The Government Sugarcane and Sugar Commissioner clarified that a three-year diploma in agriculture is also valid for this post. Despite this, in November 2023, the commission cancelled the selection of several such candidates.
Struggle of Candidates Whose Selection Was Cancelled
According to the rules, a two-year agricultural diploma was mandatory for this post, but holders of a three-year agricultural engineering diploma after high school were declared ineligible. The selection of Manali Chaudhary, a resident of Kashipur, and three other candidates was cancelled during document verification. Subsequently, 11 candidates filed a petition in the High Court.
Initial Decision of the Single Bench
The single bench had dismissed the candidates' petition. The Court stated that selection does not grant a candidate the right to appointment, and the educational qualifications mentioned in the service rules must be strictly adhered to. This decision did not bring relief to the candidates, and they filed a special appeal before the division bench.
Division Bench Overturns Decision
The division bench of Chief Justice G. Narendar and Justice Subhash Upadhyay overturned the single bench's decision, stating that determining qualifications for a post is not the job of the recruiting agency. This right rests directly with the employer or the state government. The state government had clearly stated that a three-year diploma is valid and shall be considered equivalent to a two-year diploma. The division bench directed the UKPSC to comply with this decision.
Government's Stance
The government informed the Court that the Uttarakhand Board of Technical Education offers a three-year diploma in Agricultural Engineering. Therefore, it can be recognized as equivalent to a two-year diploma. The commission was directed to select candidates by considering both two-year and three-year diploma holders as valid.
Responsibility of the Recruiting Agency
The High Court clarified that the recruiting agency is limited to only conducting examinations and declaring results. The right to determine qualifications rests directly with the employer. If the government or employer has recognized a particular qualification, it is mandatory for the commission to comply with that order.