Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5276-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.359 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
There is no representation for the petitioner.
2. Mr. Pooran Singh Bisht, Standing Counsel for the State.
3. Mr. Navnish Negi, Advocate for respondent no.2.
4. Petitioner responded to an advertisement issued by Uttarakhand Public Service Commission for the post of Assistant Professor (Sanskrit) in Government Degree College. Petitioner possessed Acharya (Navya Vyakarana) Degree from Sampurnanand Sanskrit University, Varanasi. His application was rejected by the Commission by holding that he does not possess the essential qualification required for appointment as Assistant Professor (Sanskrit). Thus, feeling aggrieved, he filed this writ petition in 2020, seeking the following reliefs:-
“(i) Issue a writ or order in the nature of certiorari for quashing the impugned order dated 28.02.2020 with regards to the petitioner and
order dated 29.10.2020 passed by the respondent no.2 (Annexure 4 & 8). (ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to consider the candidature of the petitioner for the post of Assistant Professor (Sanskrit) being fully eligible.
2025:UHC:5276-DB (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to permit the petitioner to participate in the interview for the post of Assistant Professor (Sanskrit) against OBC category scheduled to be held from 18.11.2020 to 20.11.2020.”
5. Orders dated 28.02.2020 and 29.10.2020, impugned in the writ petition, are on record as Annexure Nos.4 and 8 to the writ petition. By these orders, candidature of petitioner was rejected on the ground that he does not hold the basic qualification needed for the post.
6. Mr. Navnish Negi, learned counsel for the Commission submits that selection process concluded in the month of December, 2020, inasmuch as, final result was declared on 03.12.2020 and the names of the candidates who were found successful, were recommended to the State Government for appointment on 10.12.2020. Thus, he submits that the relief, as claimed by the petitioner, cannot be granted at this belated stage.
7. We find substance in this submission. Since selection process is over long back and the candidates who were found successful have been appointed and they are not made party to the writ petition, therefore, no relief can be granted to the petitioner, without disturbing the appointment of successful candidates. Writ petition fails and is dismissed accordingly.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 23.06.2025 23.06.2025
Rajni
RAJINI GUSAI N Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b 876db48448ac3701a9ae475a 2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD 1A2222B4DF4FC80D4557562 F95BEBA013F530616A158A0 A878BD8, cn=RAJINI GUSAIN Date: 2025.06.23 21:27:06 -07'00'