2025:UHC:5187-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. G. NARENDAR, C.J. HON’BLE MR. ASHISH NAITHANI, J SPECIAL APPEAL NO. 14 of 2025 Makhan Mandal …Appellant Versus State of Uttarakhand and others …Respondents Presence:- Mr. Piyush Garg and Mr. Vikas Bahuguna, learned counsel for the appellant. Mr. B.S. Parihar, learned Additional C.S.C. for the State of Uttarakhand. JUDGMENT : (per HON’BLE MR. G. NARENDAR, C.J.) Heard the learned counsel for the appellant/ writ petitioner and the learned Additional C.S.C. for the State of Uttarakhand. 2. We have perused the order under Appeal. The learned Single Judge has gone into the issue of the correctness of appointment, pursuant to production of fake certificates, wherein a large number of appointments came under a cloud, on the ground that the candidates had placed fabricated documents and forged certificates and secured appointments, and placing reliance on the law laid down by the Hon’ble 1 2025:UHC:5187-DB Apex Court, the learned Single Judge has rightly been pleased to set aside the appointments. 3. It is the case of the appellant/ writ petitioner that the merits of the appellant/ writ petitioner’s case lie in an entirely different domain. It was the specific case of even the respondent/ State that the appointment was bad, in view of the Government Order of the year 1989 issued by the State of Uttar Pradesh, whereby the efficacy of Caste Certificates possessed by Bengalis, and issued in the State of U.P., was restricted to benefits of scholarship only; that the State has failed to appreciate the correctness and legality of the Government Order of the year 1969, whereby the State of Uttar Pradesh has been pleased to confer a privilege on Bengali speaking domiciles, who belong to the Scheduled Caste, and were conferred the same status, as conferred on the local residents, who belong to Scheduled Caste, and who are covered under the Presidential Order; that the case of the appellant/ writ petitioner is that the Government Order of the year 1989 did not detract from, or supersede the Government Order of the year 1969, conferring Scheduled Caste status on people of Bengali origin, who had settled in the State of Uttar Pradesh; and that 2 2025:UHC:5187-DB the correctness of the said Government Order of 1969 had never been called in question, and hence the order of the learned Single Judge, holding the appointment of the petitioner also, as illegal, is prima facie contrary to the facts. 4. A perusal of the order under Appeal would show that no such case was canvassed before the learned Single Judge. A reading of the order would also show that the consideration of cases was on the ground of fabricated and fake certificates, placed before the Appointing Authority, and appointments having been made on the strength of such fake and fabricated certificates. In the instant case, the said issue has neither been canvassed, nor considered by the learned Single Judge. 5. In that view of the matter, this being a Special Appeal, it would not be appropriate for this Bench to adjudicate the correctness of the order of the learned Single Judge, on the basis of a case, which has not been canvassed, or considered by the learned Single Judge. In that view of the matter, we are of considered view that the appropriate remedy for the appellant/ writ petitioner would be by way of a Review 3 2025:UHC:5187-DB Petition. The learned counsel for the appellant/ writ petitioner also concedes to the same. 6. In that view of matter, the present Special Appeal stands disposed of, by reserving liberty to the appellant/ writ petitioner to prefer a Review Petition, subject to condition that the Review Petition, if preferred within two weeks, shall not be rejected on the ground of delay and laches. 7. Accordingly, the Special Appeal stands disposed of, by reserving such liberty as noted supra. Pending application(s), if any, also stand disposed of accordingly. G. NARENDAR, C.J. ASHISH NAITHANI, J. Dt:19th June, 2025 SB 4 SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2 1822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E6 7B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.07.03 13:33:39 +05'30'