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2025 DAILYLAW 4118 (UTT)

ANJANA v. UTTARAKHAND PUBLIC SERVICE COMMISSION GURUKUL KANGARI HARIDWAR

WPSB/77/2020 · 2025-07-01

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:5563-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No.77 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Vikas Bahuguna, Advocate for the petitioner. 2. Mr. Navnish Negi, Advocate for the respondent no.1-Uttarakhand Public Service Commission. 3. Petitioner participated in a selection for appointment as Assistant Professor (Education) in different government degree colleges within the State of Uttarakhand. Since petitioner was held ineligible for appointment as Assistant Professor (Education) on the ground that she possesses M.Ed. degree and not M.A. (Education) qualification, therefore, she filed this writ petition in the year 2020, seeking the following reliefs:- “I. Issue a writ, order or direction in the nature of certiorari quashing the order/list dated 16.12.2019 and the order/list dated 28.02.2020 and order dated 04.03.2020 as far as it relates to the petitioner. II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to appear in the interview to be held in the near future in the post of Assistant Professor (Education).” 4. Coordinate Bench, vide interim order dated 12.07.2021, directed the Uttarakhand Public Service Commission to provisionally interview the petitioner, however, it was provided that her result shall not be declared without permission of this Court. 5. In view of statement made by learned counsel for the petitioner, we directed the 2025:UHC:5563-DB Uttarakhand Public Service Commission, vide order dated 24.06.2025, to produce result of petitioner in a sealed cover. 6. Pursuant to said direction, Mr. Navnish Negi, learned counsel appearing for Uttarakhand Public Service Commission has produced in Court result in a sealed cover, in which name of petitioner figures at Serial No.33, and her score of marks in interview is mentioned as 55. 7. Learned counsel for the Commission submits that petitioner claimed benefit of reservation available to O.B.C. and also horizontal reservation available to Uttarakhand women, and the score of marks of last selected candidate, belonging to O.B.C., is 59.74 and the marks scored by last candidate, belonging to Uttarakhand Female in O.B.C., is 62. He submits that since petitioner could score only 55 marks out of 100 in interview, therefore she is not entitled to any relief. 8. Mr. Vikas Bahuguna, learned counsel for the petitioner concedes that since petitioner could not score marks equivalent to or more than the marks scored by last selected candidate in that particular category, therefore, the relief as claimed in the writ petition, do not survive. 9. In view of the above, writ petition is disposed of. However, petitioner shall be at liberty to challenge the eligibility condition prescribed by Uttarakhand Public Service Commission, which resulted in her declaration as ineligible. 10. The result produced by Mr. Navnish Negi, learned counsel for Uttarakhand Public Service Commission is returned to him. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 01.07.2025 01.07.2025 Rajni RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac3701a9ae475a2547e4b7f1d9b1f17d013 42, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC80D4557562F95BEBA013F530616A15 8A0A878BD8, cn=RAJINI GUSAIN Date: 2025.07.01 21:43:10 -07'00'