2025:UHC:2153-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J SPECIAL APPEAL No.154 of 2015 Dalbeer Singh Jayara …Appellant Versus State of Uttarakhand & others …Respondents Counsel for the appellant Counsel for State Counsel for UPSC : Mr. Niranjan Bhatt, learned counsel. Mr. K.N Joshi, learned DAG. Mr. Pankaj Miglani, learned counsel. JUDGMENT : (PER HON’BLE MR. MANOJ KUMAR TIWARI. J) Mr. Pankaj Miglani, learned counsel appearing for Public Service Commission has produced in Court, hand written application form submitted by Mr. Dalbeer Singh Jayara, pursuant to advertisement in question, which is taken on record. Perusal of the said document reveals that appellant had mentioned that he possesses NCC “C” Certificate. 2. Appellant applied for the post of Lecturer (Mathematics) pursuant to an advertisement issued by Uttarakhand Public Service Commission. By the said advertisement, total 1214 vacancies on the post of Lecturer, Government Inter College, were notified. The post of Lecturer is governed by Uttarakhand Special Subordinate Education (Lecturer’s Grade) Service Rules, 2008. 1 2025:UHC:2153-DB 3. Rule 9 of the said Rules deals with preferential qualifications and provides that other things being equal, candidates (i) who have served in territorial army for two years or (ii) who have obtained NCC ‘B’ certificate or (iii) have obtained NSS ‘C’ certificate, would be given preference in appointment. 4. It is not in dispute that Mr.Dalbeer Singh Jayara (petitioner in WPSS No.397 of 2014), applied for the post of Lecturer (Mathematics) pursuant to the aforesaid advertisement, and he scored 54 marks but he was not selected, while one Mr. Pravesh Lekhwar (respondent no.4), also scored 54 marks in the selection, and he was included in the waiting list by the selecting body by relying on Uttarakhand Public Service Commission (Preparation of Result) Procedure Rules, 2012. Mr. Dalbeer Singh Jayara, filed writ petition SS No.397 of 2014, contending that since he was having NCC “B” and “C” certificates, while Mr. Pravesh Lekhwar (respondent no.4) was not having any of the three preferential qualifications mentioned in Rule 9 of the Service Rules, therefore, his name ought to have been included in the waiting list in place of respondent no.4 and whatever mistake has crept in needs to be corrected. 5. The stand taken by Public Service Commission before the writ court was that since Mr. Pravesh Lekhwar (respondent no.4) was older in age compared to writ petitioner, therefore, as per provisions contained in Uttarakhand Public Service Commission (Preparation of Result) Procedure Rules, 2012, respondent no.4 Mr. Pravesh Lekhwar, had a superior right of 2 2025:UHC:2153-DB appointment, consequently Respondent no.4 (Mr. Pravesh Lekhwar) was selected and recommended for appointment as Lecturer (Mathematics). 6. Learned Single Judge decided Writ Petition SS No.397 of 2014, vide judgment dated 20.01.2015. Paragraph no.3 of the said judgment reproduced as under:- “3. In view thereof, in case the selected candidate/respondent no.4 has not joined the post for which his name was recommend by the Uttarakhand Public Service Commission or is not willing to join the post, a fact which the Public Service Commission shall verify, and thereafter if it is so, recommend the name of the petitioner, provided there is no other ineligibility attached to the candidature of the petitioner.” 7. The judgment rendered by learned Single Judge is challenged not only by the writ petitioner, but also by Uttarakhand Public Service Commission and the State Government, by filing three separate appeals. Heard learned counsel for the parties and perused the record. 8. Law is well settled that Selecting Body/ Public Service Commission has to hold selection strictly as per the applicable recruitment Rules framed by the State Government in its rule making power and the Rules/Regulations framed by the Public Service Commission for regulating the procedure of selection can apply only when the Recruitment Rules framed by the State Government are silent on certain aspects. In other words, the recruitment rules will override the rules of procedure framed by the selecting body, whenever there is conflict between the two. 3 2025:UHC:2153-DB 9. Admittedly, Rule 9 of applicable Recruitment Rules provides that other things being equal, preference shall be given to persons who served in territorial army for two years; candidates who have obtained NCC “B” certificate or NSS “C” certificate whenever selection for direct recruitment is made. Since Mr. Dalbeer Singh Jayara (petitioner in WPSS No.397 of 2014) was having “C” certificate of NCC, which is higher than NCC “B” certificate, and a person with NCC “B” certificate alone is eligible for NCC “C” certificate; writ petitioner had enclosed NCC “C” certificate with his application form and also claimed benefit of such certificate, therefore he was entitled to be placed above respondent no.4 (Mr. Pravesh Lekhwar) in the select list. It is nobody’s case that Respondent No.4 was also having some preferential qualification. 10. In other words, inclusion of respondent no.4 (Mr. Pravesh Lekhwar) in the waiting list, on the ground that he is elder in age was not proper, and writ petitioner had a preferential right of appointment, which was wrongly denied by the Public Service Commission to him. 11. Thus, the Special Appeal No.154 of 2015 filed by the writ petitioner is allowed. The impugned judgment dated 20.01.2015 passed in WPSS No.397 of 2014 “Dalbeer Singh Jayara Vs. State of Uttarakhand & others”, is set aside and the Uttarakhand Public Service Commission is directed to re-draw the waiting list for the selection in question for OBC category candidate and recommend the name of the writ petitioner for 4 2025:UHC:2153-DB appointment as Lecturer (Mathematics), provided the vacancies in question is still available. MANOJ KUMAR TIWARI. J. ASHISH NAITHANI, J. Dt:25th March, 2025 NR/ 5 NITESH RAWA T Digitally signed by NITESH RAWAT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc3988a d93d563d95c70eb77fa0ea4758e40 1cf436bdce9fb, postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434 E89897BCDC0B6567DCE4B7108B3 24FFED3C8A159F3BDD03C, cn=NITESH RAWAT Date: 2025.03.25 15:15:17 +05'30'