2025:UHC:9118-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 14TH OCTOBER, 2025 SPECIAL APPEAL NO. 320 OF 2025 Kanta Prasad ...Appellant Versus State of Uttarakhand and others. ..Respondents Counsel for the appellant : Mr. Amar Murti Shukla and Mr. Ankurit Raj David, learned counsel. Counsel for the respondents : Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State of Uttarakhand / respondent Nos. 1 to 3. Mr. Shivam Raturi, learned counsel holding brief of Mr. Shailendra Nauriyal, learned counsel for respondent No. 4. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the appellant. 2. It is the case of the appellant that by oversight the Government Order dated 08.07.2022, more particularly Paragraph-2, which prescribes five years’ service as a criteria for being eligible to avail of study leave has not been challenged and that merely the rejection order, i.e. the proceedings, rejecting the Application for NOC and study leave alone has been challenged. 3. In that view, learned counsel for the appellant prays leave to withdraw the Appeal and file a fresh and comprehensive petition challenging both the impugned order and Paragraph-2 of the Government Order dated 08.07.2022. 4. Reserving such liberty, the Appeal stands dismissed 2025:UHC:9118-DB 2 as withdrawn. 5. Pending application, if any, also stands dismissed accordingly. ________________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 14th October, 2025 Rathour PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1 097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179 B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.10.16 10:45:05 +05'30'