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2025 DAILYLAW 4010 (UTT)

DINESH PRASAD v. STATE OF UTTARAKHAND

WPSB/66/2025 · 2025-03-25

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:2137-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (S/B) No. 66 of 2025 25 March, 2025 Dinesh Prasad --Petitioner Versus State Of Uttarakhand and others --Respondents ---------------------------------------------------------------------- Presence:- Mr. K.K. Tiwari, learned counsel for the petitioner. Mr. B.S. Parihar, learned Standing Counsel for the State. Mr. Pankaj Miglani, learned counsel for the Public Service Commission. ---------------------------------------------------------------------- JUDGMENT: (per Mr. G. Narendar C.J.) Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for the Public Service Commission. 2. The case of the petitioner is that, in terms of of Rule 6 of the Rules of 2023, waiting list is required to be prepared and published. This issue need not hold this Court for long. 3. Apparently and admittedly the Rules of 2023 came to be framed in exercise of the powers under 1 2025:UHC:2137-DB Article 309 of the Constitution of India after the selection process had commenced on 11.08.2021, that is, the date on which the publication was issued by the Public Service Commission, inviting applications from prospective candidates for the post of Range Forest Officers. The Rules came into effect subsequently and the Rules not being enacted with retrospective effect, the case canvassed by the petitioner has no legs to stand. 4. It is no more res-integra that all Rules operate prospectively and the Rules that are operating on the date of the publication, inviting applications, are the Rules that are the applicable Rules. 5. In that view of the matter, the writ petition being misconceived, is accordingly, rejected. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 25.03.2025 BS 2