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2025 DAILYLAW 14635 (UTT)

DHANPAL v. STATE OF UTTARAKHAND

WPSS/1730/2025 · 2025-10-29

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9517 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1730/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Vinay Kumar, learned counsel for the petitioner. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Pankaj Miglani, learned counsel for the respondent no. 3 - Commission. 4. Petitioner’s name was not included in the select list due to the fact that he could not appear for document verification before the Selecting Body in time. The Selecting Body has recommended names of selected candidates to the Appointing Authority. 5. In this writ petition, petitioner contends that since no recommendation was made in respect of three vacancies reserved for Scheduled Caste category; petitioner belongs to that category and his score of marks is more than the marks scored by last candidate in that category, therefore, he has a right to be considered for appointment against one of the three unfilled vacancies. 6. Since Selecting Body has become functus officio after recommendation, therefore, no purpose would be served by referring the matter to Selecting Body. 7. Learned State Counsel is right in submitting that petitioner himself is to be blamed for not appearing before 2025:UHC:9517 Selecting Body for document verification on the given date & time and also not approaching this Court, while the process of document verification was on. 8. Be that as it may, since petitioner has allegedly scored 128 marks in the selection process, and according to him, Scheduled Caste category candidate with 106 marks was recommended for appointment, therefore, the writ petition is disposed of with liberty to petitioner to approach the Appointing Authority by making representation. If petitioner makes representation within one week from today, Competent Authority shall take decision thereupon, within four weeks thereafter. (Manoj Kumar Tiwari, J) 29.10.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.29 06:11:08 -07'00' 2025:UHC:9517