Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3867-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 14th MAY, 2025
WRIT PETITION (S/B) NO. 125 OF 2025 Vikram Singh
…...Petitioner Versus State of Uttarakhand and others. …….Respondents
Counsel for the Petitioner
: Mr. Yogesh Kumar Pacholia, learned counsel. Counsel for the State :
Mr. J.S. Bisht, learned Standing Counsel. Counsel for Respondent Nos.2 & 3 : Mr. Vinay Kumar, learned counsel. Counsel for Respondent Nos.4 & 5 : Dr. Ajar Rab, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.)
Heard learned counsel for the petitioner. 2. Petitioner has sought for issuance of a writ of quo warranto to remove respondent nos.4 and 5 from the office of Deputy General Manager (Civil). 3. The relief sought for is premised on the allegations that respondent nos.4 and 5, who initially applied for the post of Executive Engineer, were rejected, but later, they were appointed on the post of Assistant Engineer and their appointment was illegal, as one of the qualifications prescribed was that they should be Trained Engineer, i.e. they should have undergone training for a period of one year. 4. There is no dispute that the appointment on the 1
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post of Assistant Engineer was done about 20 years ago. The petitioner having remained silent and having acquiesced to their appointments as Assistant Engineer, cannot now turn around and complain of their appointments being illegal, and that too, after passage of more than two decades. It is not in dispute that respondent nos.4 and 5 are graduate engineers and possess B.E. degree awarded by a recognized university. 5. Regulation 10 of the U.P. State Electricity Board Services of Engineers Regulations, 1970 specifies the qualifications, and reads as under:-
“10. [Qualifications. {Substituted by Notification No.276- Reg.-23/SEB-94-5-Reg.-88, dated 8.11.1994.}] A candidate for direct recruitment as Trainee Engineer must besides having a thorough knowledge of Hindi in Devnagri Script hold the following qualifications: (i) A Degree in Electrical/ Mechanical/ Tele-Communication/ Instrumentation Electronics Engineering from a University or Institution established by law in Uttar Pradesh or from any other Institutions recognized by the State Government or degree or diploma recognized as equivalent thereto by the State Government; or (ii) Sections ‘A’ and ‘B’ of the Associate Membership of the Institution of Engineers (London); or (iii) be an Associate Member of the Institution of Electrical Engineer (India).”
6.
As recorded supra, there is no dispute with regard to the fact that both respondent nos.4 and 5 are graduate engineers having acquired their B.E. degree from 2
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a recognized university. 7. In that view of the matter, since respondent nos.4 and 5 possess requisite educational qualifications, we do not find any good ground which warrants interference with the appointments of respondent nos.4 and 5. 8. Accordingly, the writ petition stands rejected. 9. Pending application, if any, also stands disposed of. 10. There shall be no order as to costs. ________________ G. NARENDAR, C.J.
_____________ ALOK MAHRA, J. Dt: 14th May, 2025 NISHANT 3 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133 605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9 C20892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.05.28 11:21:41 +05'30'