MUKUL KUMAR TYAGI versus THE STATE OF UTTAR PRADESH AND OTHERS

Citation: [2024] 11 S.C.R. 428 · Decided: 05-11-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Case Allowed

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Judgment (excerpt)

[2024] 11 S.C.R. 428 : 2024 INSC 832
Mukul Kumar Tyagi 
v. 
The State of Uttar Pradesh and Others 
Miscellaneous Application No. 2399 of 2024 
in 
(Civil Appeal No. 9026 of 2019)
05 November 2024
[B.R. Gavai* and K.V. Viswanathan, JJ.]
Issue for Consideration
Issue arose as to whether the services of such of the candidates 
who were selected in the select list and had produced the Course 
on computer concepts-CCC certificate at the time of the interview 
could have been terminated.
Headnotes†
Service law – Termination – Selection to the post of Technician 
Grade-II – Course on computer concepts certificate or its 
equivalent computer qualification certificate mandatory 
educational qualification to be submitted at the time of 
interview – Written exam and interview held and final select list 
prepared – Issuance of appointment letters to the applicants – 
Challenge to, by unsuccessful candidates – Single Judge of 
the High Court quashed the select list insofar as it included 
candidates who did not hold CCC certificate conferred or 
recognized by NIELIT – Also directed the Corporation to  
re-draw the select list – Thereafter, Electricity Service 
Commission published the list of candidates whose selection 
was not found to be in accordance with the eligibility as per 
the direction of the Single Judge – Consequently, their services 
were terminated – List contained names of the applicants – 
Writ appeal by applicants – Division Bench allowed the same 
setting aside the judgment and order passed by the Single 
Judge – Appeal thereagainst wherein this Court set aside 
the judgment passed by the Division Bench upholding that 
of the Single Judge – Writ Petition by applicants seeking  
re-instatement which was dismissed – Correctness:
Held: When the advertisement as well as the 1995 Regulations 
required the CCC certificate to be produced at the time of interview, 
* Author
[2024] 11 S.C.R. 
429
Mukul Kumar Tyagi v. The State of Uttar Pradesh and Others
if it is permitted to produce the same subsequent to the date of 
interview, it would be contrary to the advertisement and the 1995 
Regulations – Corporation misinterpreted the judgment of the 
Single Judge and terminated the services of the applicants who 
were otherwise entitled to be continued as per the judgment – 
Services of such of the candidates who were selected in the 
select list and had produced the CCC certificate at the time of the 
interview could not have been terminated – Corporation grossly 
erred in terminating their services – Furthermore, this Court held 
that the object and purpose of the direction by the Single Judge 
was to scrutinize the qualifications of those candidates, who had 
claimed equivalent certificate, those who were found possessing 
equivalent computer qualification so as to retain their names in the 
select list – Direction given by the Single Judge was applicable, 
apart from the candidates who were having CCC certificate from 
DOEACC/NIELIT, to the candidates who were covered under the 
guidelines and were also treated as equivalent to CCC certificate – 
Corporation has been taking contradictory stands – Before the High 
Court, it took a stand that not only such candidates having CCC 
certificate issued by DOEACC/NIELIT but also such candidates 
who had submitted certificate by self-certification were entitled to 
be considered and thereafter, took a stand that the candidates who 
did not have CCC certificate on the last date of application could 
not be considered as eligible candidates – Stand was contrary not 
only to the advertisement but also to the office memorandum of 
the Board – Submission of the candidates who did not have CCC 
certificate even on the date of their interview but have obtained 
the same subsequently cannot be accepted – Thus, fit case to 
exercise extraordinary jurisdiction u/Art.142 of the Constitution – 
Applicants who found place in the select list and who possessed/
produced the CCC certificate at the time of their interview to be 
reinstated forthwith. [Paras 20-29]
Case Law Cited
Mukul Kumar Tyagi v. The State of Uttar Pradesh and Others 
[2019] 16 SCR 1145 : (2020) 4 SCC 86 : 2019 INSC 1380 – 
referred to.
List of Acts
Uttar Pradesh Electricity Reforms Act, 1999; Uttar Pradesh 
Electricity (Supply) Act, 1948; U.P. State Power Parishad Operative 
Employees Cadre Service Regulations, 1995; Constitution of India.
430
[2024] 11 S.C.R.
Digital Supreme Court Reports
List of Keywords
Termination; Selec

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