8TO ENSURE QUALITY , IMPARTIALITY AND TRANSPARENCY IN PUBLIC APPOINTMENTS
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1.That the posts of Chairman and Seven Members for selection and appointment in Uttar Pradesh Subordinate Service Selection Commission (UPSSSC ) were advertised by the Department of Appointment and Personnel , Government of Uttar Pradesh , Lucknow in July ,2017.
2.The Petitioner also applied for the post of Member in UPSSSC on 10.8.2017on prescribed application form and attached with it a biodata and curriculum vitae containing 100 pages. The Petitioner also sent his application online on 15.8.2017. Last date was 17.8.2017. The advertisement did not mention any minimum qualification , nature of experience , maximum age limit etc., As per UPSSSC Act , the members including Chair person will hold the office for maximum 5 years and till the y attain the age of 68 years
3.That the Educational qualification of Petitioner is M.Sc., Ph.D., LL.B., MBA(E).,Diploma in Management ., Diploma in Rural Development .
4.That the Petitioner was selected by UPPSC ALLAHABAD for the post of Block Development Officer and joined this post on 17.8.1984.
5.That the Petitioner has served on the post of Block Development Officer , Extension Training Officer , Additional Project Director ,( District Rural Development Agency),Project Director (District Rural Development Agency), District Development Officer and lastly as Chief Development Officer.
6.That the Petitioner has retired as Chief Development Officer , Baghpat on 31.12.2013 after serving 29 years and 5 months with 'EXCELLENT' service record. This period includes 17 years and 5 months of Class I ( Group- A) service .
7.That besides serving on departmental posts , the Petitioner has also served as Project Director ( District Urban Development Agency ), Secretary , National Literacy Mission , District Social Welfare Officer ,District Programme Officer ,Additional District Development (Social Welfare), District Manager (UP SC AND ST FINANCIAL DEVELOPMENT CORPORATION) , District Statistical Officer etc., as an additional charge from time to time.
8. That the Petitioner has also served as Assistant Director and Head( Reader Grade Post) in the Department of Adult , Continuing and Extension Education of Gurukul Kangri University Haridwar for about 4 years from time to time.
9.That the Petitioner has attended and participated in many workshops , conferences , training programmes etc., on various subjects and issues of public importance organised by different institutes , organisation of National , State and District level.
10.That the Petitioner has also represented his country INDIA in a 9 day's programme on the topic ," Study Meeting On Emploment Generation Strategies In Rural Areas" organised by Asian Productivity Organisation at TOKYO ( JAPAN) and presented a paper on this topic before 15 Representatives of 13 Asian Countries and got appreciation there.
11.That the Petitioner has conducted duties as Zonal Magistrate and Additional Officer -in - Charge of Polling Personnel , Transportation , Training of Polling Personnel etc., at the time of General Election to Lok Sabha , Vidhan Sabha , Gram Panchayat , Nagar Panchayat from time to time and got Appreciation Leeters from then District Magistrates / District Election Officers.
12.That the Petitioner has also performed duties as Executive Magistrate in different district of his posting at the time of Law and Problems in those district and earned Appreciation Letters from concerned District Magistrate. Particularly during Muzaffarnagar riots in September/ October , 2017 , I discharged duty as Executive Magistrate 'round the clock' in District Baghpat with Shri Amit Pathak Ji , IPS Officer who was specially deployed by the UP Government to control the situation.
13.That the Petitioner has acted as Chair person in the capacities of CDO , PD, DRDA and DDO in many selection committees and also acted as member in other selection committees constituted by Commissioner (RD), District Magistrates and Chief Development Officer and ensured free , fair and transparent selection of eligible candidates with the result that no complaint was ever received .
14.That the Petitioner has also been selected as Professor / Senior Consultant in National Institute of Administrative Research now known as National Council of Good Governance who worked under the aegis of Lal Bahadur Shastri National Academy of Administration , MUSSOORIE but the Principal Secretary ,Rural Development ,Government of Uttar Pradesh did not relieve the Petitioner and so could not join there.
15.That the Petitioner was waiting for a call letter for written test and/ or interview when the Petitioner came to know through media reports on 22.01.2018 that the Chair person and 5 Members have already been selected/ appointed in UPSSSC , LUCKNOW.
16. That the selection committee consituted to select the Chair person and Members for UPSSSC did not conduct any written test and/ or interview for this selection .
17.To the best of my knowledge and belief the selection did not get prepared any merit list of all eligible candidates.
18.That as per UPSSSC Act ,the objective of the UPSSSC is "to select able , worthy and hardworking personnel for appointment to certain posts in administrative departments of the State". To achieve this , " it is necessary to ensure the Quality of Selection , it's Impartiality and Transparency in their Selection. Similar principles are expected to be employed for the persons who are being selected for the positions in UPSSSC but their selection lacks all the three basic priciples of selection.
19. That the so called selection of the Chairman and Members for the UPSSSC amounts to Nomination and Selection.
20.That the Petitioner further submits that UPSC , NEW DELHI conducts systemic , tough and lengthy procedure to select IAS , IPS etc., Group - A Officers which is composed of Preliminary Examination , Main Examination and Interview . Similarly , UPPSC ALLAHABAD conducts Preliminary Examination , Main Examination and Interview for candidates seeking appointments to Class II ( Group - B ) at the time of entry. Moreover , the selection and appointment to the Class III (Group-C) and Class IV ( Group-D) posts are also done on the basis of written test and / or interview .
21. That UPSSSC Act also says that ," UPSSSC is empowered to prepare guidelines on matters related to the method of recruitment , to conduct examinations , hold interview and make selection of candidates and to appoint examiners for this purpose but surprisingly neither written test nor interview has been conducted for the selection of those persons who are bound to follow the provisions of UPSSSC .
22. That the Constitution of India , Part III , guarantees every citizens certain Fundamental Rights . Article 14 and 16 of Part III guarantees Equality of Law / Equality Before Law and Equal Opportunities in matters of Public Appointments. But the basic principles of the Constitution of India were not obeyed by the selection committee in appointment to UPSSSC positions.
23.That unknown method of selection is against the Principle of Natural Justice.
24.That under the facts and circumstances as mentioned above the Petitioner , on merits , fully deserves to be appointed on one of the two posts of Members still lying vacant against total strength of 8 Members including Chairman in UPSSSC , LUCKNOW.
25.That the Petitioner further submits that this petition is not against any body neither selection committee nor any member of UPSSSC .This petition is just to apprise all concerned about present system so that corrective measures may be taken by concerned authorities.
26.That the final authority of appointment is Hon'ble The Chief Minister of Uttar Pradesh who gives approval on the names selected by the selection committee constituted for this purpose.
27.That the Petitioner Most Respectfully request the Hon'ble and Learned Members and Viewers that may kindly please to sign my petition if you are agreed with the following propositions:
A. There should be a definite and well defined system of selection and appointment to the posts of Chair person and Members in UPSSSC .
B. There should be provision of Written test and / or interview if the number of candidates applied is more than the number of posts to be filled.
C.The merit list of all eligible candidates should be prepared on the basis of qualifications , administrative experience , contribution for national cause , grading in annual confidential reports and other relevant parameters.
D.There should be no scope of back door entry .
E.The quality of selection , it's impartiality and it's transparency be ensured at all cost.
F.There should be no violation of any of the provisions of Constitution of India .
G. There should be no decision against the Principle of Natural Justice.
H. The selection process should not only be free , fair and transparent but it should be appeared to be free , fair and transparent.
G.Every applicant should be informed about the reasons of rejection.
H.When there is a system of written test and/ or interview for the candidates to be selected through UPSSSC itself , then why the same system cannot be applied for the post of Chairman and Members of UPSSSC.
I.Those who are eager to get employment even after retirement should not hesitate to be screened through tough process of selection as other unemployed youths undergo.
Thanks and best regards,
Dr. Anil Kumar , Chief Development Officer ( Rtd),
Advocate , Hon'ble Supreme Court of India , New Delhi.
5 B , Samrat Kunj Apartments , Samrat Palace ,Garh Road , Meerut U.P.
Mobile: 9412630285 E- mail : dranilkumar52@
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