2025:UHC:4115-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J WRIT PETITION (S/B)_No.644 of 2022 Shadab Khan & another …Petitioners Versus State of Uttarakhand & others …Respondents Counsel for the petitioner Counsel for State/1 Counsel for respondent no.2 : Mr. Sandeep Tiwari, learned counsel. Mr. S.K. Nainwal, learned Standing Counsel. Mr. Pankaj Miglani, learned counsel. JUDGMENT : (PER HON’BLE MR. MANOJ KUMAR TIWARI. J) This writ petition was filed in the year 2022 seeking following relief:- “Issue a writ, order or direction declaring Regulation – 4 (1) (iii) of the Uttarakhand Public Service Commission Exam Result Preparation Procedure Regulations, 2022 and Rule 6.2 (A) (2) (iii) of the Uttarakhand Public Service Commission Exam Result Preparation Procedure Rules, 2012 (Annexure No. 1.) ultra vires Article-14, 16, 19 and 21 of the Constitution of India hence not applicable in any public selection procedure done in the State of Uttarakhand. (ii) Issue a Writ, Order or Direction in the nature of Mandamus directing the respondents to apply the reservation procedure prescribed by the Central Government in Orders/ Office Memorandums dated 22.05.1989, 01.07.1998 and 02.07.1997 (Annexure No. 3.) in all public service selection in the State of Uttarakhand. (iii) Issue a Writ, Order or Direction in the nature of Certiorari calling for record and quash the reservation procedure as per Regulation 4 (1) (iii) of the Uttarakhand Public Service Commission Exam Result Preparation Procedure Regulations, 2022 and Rule 6.2 (A) (2) (iii) of the Uttarakhand Public Service Commission Exam Result Preparation Procedure Rules, 1 2025:UHC:4115-DB 2012, being applied by the respondent State of Uttarakhand in Uttarakhand Combined State (Civil)/ (Pravar) Sub-Ordinate Examination - 2021. (iv) Issue a Writ, Order or Direction in the nature of Certiorari calling for record and quash the reservation procedure as per Regulation 4 (1) (iii) of the Uttarakhand Public Service Commission Exam Result Preparation Procedure Regulations, 2022 and Rule 6.2 (A) (2) (iii) of the Uttarakhand Public Service Commission Exam Result Preparation Procedure Rules, 2012, being applied by the respondent State of Uttarakhand in all ongoing public service selections.” 2. Petitioners are aggrieved by Rule 4 (1) (iii) of Uttarakhand Public Service Commission Exam Result Preparation Procedure Regulations, 2022, which provides that if reserved category candidate gets selected against unreserved post by virtue of his/her merit, then he/she shall not be adjusted against reserved vacancy, but shall be appointed against a unreserved vacancy. 3. The impugned provision is in consonance with provision contained in Section 3 (6) of Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. 4. Mr. Pankaj Miglani, learned counsel for Commission submits that petitioners have not named any person, who was selected/appointed against unreserved vacancy, after availing relaxation in (i) age (ii) experience (iii) permitted number of chances, which benefits are available to reserved category persons only. Thus he submits that no cause of action is available to petitioners for maintaining this writ petition. 2 2025:UHC:4115-DB 5. Learned counsel for the petitioners refers to paragraph 5 of writ petition, in support of his contention that there is cause of action available for maintaining this writ petition. However the pleading made in paragraph 5 is not sufficient to maintain this writ petition. Even otherwise also, the provision contained in Rule 4 (1) (iii) to the aforesaid Rules, is as per the settled legal position that a reserved category persons, if scores sufficiently high marks in the selection, then he shall be appointed against unreserved or open category vacancy and he shall not adjusted against a vacancy reserved for that particular category, to which he belongs. 6. In view thereof, the writ petition is dismissed. However, petitioners shall be at liberty to re-agitate the issue, as and when, cause of action arises. MANOJ KUMAR TIWARI. J. ASHISH NAITHANI, J. Dt:19th May, 2025 NR/ 3