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2025 DAILYLAW 3019 (UTT)

STATE OF UTTARAKHAND v. BALDEV SINGH

SPA/587/2018 · 2025-07-29

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:6630-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/587/2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Per – Hon’ble Majoj Kumar Tiwari, J. Mr. Rahul Verma, Additional Advocate General for the State/appellants. Mr. Hem Chandra Joshi, Advocate for the respondent. 2. There is delay of 53 days in filing the Appeal. For the reasons indicated, delay is condoned. Accordingly, Delay Condonation Application (CLMA/10766/2018) stands disposed of. 3. State has filed this Special Appeal, challenging the final order dated 02.05.2018, rendered by learned Single Judge in Writ Petition (S/S) No. 2187 of 2015. The impugned order is extracted below: “The present petitions have become infructuous in view of the judgment dated 20.3.2018 passed by this Court in WPSS No. 2563 of 2015. Accordingly, the petitions are disposed of as infructuous. The respondents are directed to complete the process as per judgment dated 20.3.2018 in accordance with U.P. Lower Subordinate Forest Service Rules 1980 (Adaptation & Modification Order, 2002) (Amendment Rules 2007).” 4. Learned counsel for appellants submits that learned Single Judge has issued direction after disposing of the writ petition as infructuous. He further submits that in the writ petition, respondent had sought a direction to the 2025:UHC:6630-DB authorities to permit him to participate in the selection held for appointment as Forest Guard. 5. He submits that, having regard to the relief claimed in the writ petition, the direction as has been issued, could not have been issued. 6. We find substance in the said submission. 7. After holding that the writ petitions have become infructuous, the direction to complete the selection process, as per judgment rendered in some other writ petition, was not proper. Even otherwise also, petitioner had sought a direction to the authorities to permit him to participate in the selection process. 8. In view of the relief claimed by the petitioner, the direction as issued by the impugned final order could not have been issued. In such view of the matter, the Special Appeal is allowed. Impugned final order dated 02.05.2018 is set aside. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 29.07.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.31 10:33:10 +05'30'