2025:UHC:11298 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 7 8 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Bhuwan Bhatt, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/ respondents. 3. Petitioner participated in a selection for the post of X-Ray Technician held by Uttarakhand Medical Service Selection Board. He was offered appointment against a vacancy reserved for Uttarakhand Women even though he do not belong to that category. 4. The reason for doing so appears to be that a woman candidate, who was in the merit list was denied appointment on the ground that her registration with Uttarakhand Para-Medical Council was on a date subsequent to the last date of submission of application. That candidate belonging to Uttarakhand Women Category filed a writ petition challenging rejection of her candidature; which has been decided in her favour by a judgment of even date. 5. In this writ petition, petitioner has challenged the communication issued by Director General to the Principal/ Chief Superintendent, District Hospitals Baurari, Tehri Garhwal, whereby the offer of appointment made to petitioner was directed to be cancelled. 2025:UHC:11298 6. After decision in the writ petition in favour of the candidate belonging to Uttarakhand Women Category, the relief as claimed by the petitioner, cannot be granted. Two persons cannot be accommodated against one post. 7. Learned counsel for the petitioner submits that petitioner was serving as X- Ray Technician elsewhere and pursuant to the offer made to him, he had to resign from the previous employment. Thus, he submits that petitioner’s appointment deserves to be protected. 8. Since petitioner was appointed against a vacancy, which was reserved for Uttarakhand Women Category on account of rejection of candidature of a candidate belonging to that category, therefore, petitioner cannot claim a right better than the one possessed by candidate belonging to Women Category. In other words, he cannot claim any equity based on the offer of appointment made to him. However, having regard to the facts of the case, petitioner is permitted to make representation to the Director General, Medical Health and Family Welfare, Uttarakhand, who shall look into the grievance raised by the petitioner. 9. The writ petition is disposed of in the aforesaid terms. ( Man oj Ku m ar Tiw ar i, J.) 17.12.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0 a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9 A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.19 18:53:12 +05'30'