2026:UHC:1904 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 0 / 2 0 2 1 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Aditya Sah & Mr. Pradeep Chamiyal, Advocates for the petitioners. 2. Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Shailendra Nauriyal, learned counsel for the respondent-Selecting Body. 4. Petitioner participated in a selection for the post of Assistant Coach, Taekwondo, held by Uttarakhand Subordinate Service Selection Commission pursuant to advertisement dated 09.10.2017. Since petitioner’s name did not figure in the list of successful candidate, therefore, he filed WPMS No. 1661 of 2020, which was disposed of with the following direction: “Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Secretary, Uttarakhand Subordinate Service Selection Commission within ten days from today. If such representation is made within stipulated period, Secretary, Uttarakhand Subordinate Service Selection Commission shall examine the matter with the help of subject experts and take appropriate decision, in accordance with law, as early as possible; but, not later than six weeks from the date of receipt of representation alongwith certified copy of this order.” 5. According to petitioner, he contended in his representation submitted pursuant to order of this Court that answer to Question Nos. 17 & 20 of 2026:UHC:1904 Question Booklet No. ‘C’, as indicated in the Answer Key, were incorrect and his answer to Question No. 20 was correct and the Subject Expert endorsed the submission made by the petitioner that “his answer to Question No. 20 was correct”. 6. Learned counsel for the petitioner submits that in view of the opinion given by Subject Expert, petitioner is entitled to additional 1.25 marks for the correct answer, which he gave to Question No. 20, and with 1.25 additional marks, his score in the written examination would become 45.75 marks. He submits that because of the mistake on the part of the Selecting Body, petitioner cannot be made to suffer; the Subject Expert has now given a definite opinion that petitioner’s answer to Question No. 20 was correct, therefore, there is no reason for denying additional 1.25 marks to the petitioner. 7. Learned counsel for the petitioner submits that even though petitioner’s name was recommended by the Selecting Body to State Government for appointment, however, State Government did not offer appointment to petitioner on the ground that his score of marks in written examination was less than 45 marks, which was the benchmark fixed by the Selecting Body. He refers to order dated 17.11.2020 passed by Secretary of the Selecting Body, which indicates that petitioner’s score of marks in written examination was 44.25 marks and he was given 8 marks for experience; thus, his total score become 52.25 marks. 8. Mr. Shailendra Nauriyal, learned 2026:UHC:1904 counsel appearing for the Selecting Body concedes that even though the Selecting Body recommended petitioner’s name for appointment, however, he was not offered appointment by the Competent Authority for the reason that petitioner score of marks in written examination was less than benchmark fixed by the Selecting Body. 9. Since the Subject Experts have given a definite opinion regarding the answer given by petitioner to Question No. 20 of Question Booklet No. ‘C’, therefore, petitioner is entitled to additional 1.25 marks for the correct answer to Question No. 20. 10. In such view of the matter, the writ petition is allowed. The impugned order dated 17.11.2020 is quashed. The Selecting Body is directed to submit revised recommendation in favour of petitioner to the State Government within two weeks from today. The Competent Authority shall issue appointment order in favour of petitioner, if otherwise found eligible within three weeks thereafter. ( Man oj Ku m ar Tiw ar i, J) 19.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.20 06:19:32 -07'00' 2026:UHC:1904