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2025 DAILYLAW 12431 (UTT)

LAL BAHADUR CHAUHAN v. UTTARAKHAND PUBLIC SERVICE COMMISSION

WPSS/1695/2025 · 2025-10-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9380 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1695/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Bhuwan Bhatt, Advocate, for the petitioner. Mr. Pankaj Miglani, Advocate, for the respondents. (2) Petitioner participated in a selection for the post of Foreman Instructor in Department of Training and Employment. By means of this writ petition, he has sought the following reliefs: “I. Issue a writ, order, or direction in the nature of mandamus commanding the respondent authorities to forthwith declare and issue the written examination result of the examination conducted on 07.08.2024 of Government Industrial Training Institute Foreman Instructor Examination 2023, along with its merit list containing scored marks/obtained marks of all the candidates, before issuance of final result of recruitment process. II. Issue a writ, order, or direction in the nature of mandamus commanding the respondent authorities to forthwith release the amended cut-off marks for the written examination conducted on 07.08.2024 of Government Industrial Training Institute Foreman Instructor Examination 2023.” (3) Grievance raised by the petitioner is that without formal declaration of result, certain candidates have been called for documents verification, which is improper. (4) Mr. Pankaj Miglani, learned Counsel appearing for Public Service Commission, on instructions, submits that consequent upon the written examination, a notification was issued on 9.10.2024, whereby top 113 candidates have been called for documents verification in the O/o Commission. He submits that there were 37 vacancies and candidates three times 2025:UHC:9380 the number vacancies have been called for documents verification. He submits that final select list will be published as per Rule 45 of Uttarakhand Public Service Commission (Procedure and Conduct of Business) Rules, 2013, which reads as under: “The marks of all the candidates (after final results are declared) shall be displayed on the Commission’s website” (5) Mr. Miglani also relies upon Rule 71(7) of the aforesaid rules, which provides that after completion of selection process, if a candidate demands photostat copy of his/her answer sheet/OMR answer sheets or wants to see them, the procedure framed by the Commission for this purpose shall be followed. He submits that this Court has dismissed a similar writ petition WPSS/1555/2025, in which petitioner had sought copy of the answer sheet. (6) This Court do not find any reason to interfere in the matter at this stage. Since petitioner was not called for documents verification, therefore, the presumption is that petitioner scored marks less than the last candidate called for documents verification. (7) Mr. Miglani makes a statement that final result including the marks scored by each candidate will be displayed on the website of the Commission, once the documents verification process is complete. (8) Writ petition is, accordingly, disposed of with liberty to the petitioner to approach this Court again, if it is found later that any candidate belonging to his category with lower score of marks was selected and appointed. (Manoj Kumar Tiwari, J.) 17.10.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.10.17 16:33:54 +05'30' 2025:UHC:9380