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2026 DAILYLAW 4619 (UTT)

SAHEEL AHMAD v. UTTARAKHAND KIRSHI UTPADAN VIPDAN BOARD

SPA/42/2026 · 2026-02-27

Shri Manoj Kumar Gupta, Subhash Upadhyay

Transfer Petitionbody2026

Judgment text

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2026:UHC:1405-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE SHRI SUBHASH UPADHYAY Special Appeal No.4 2 of 2 0 2 6 Febr u ar y 2 7 , 2 0 2 6 Saheel Ahmad & Others ---Appellants Ver su s Uttarakhand Krishi Utpadan Vipdan Board & Others ---Respondents -------------------------------------------------------------- Pr esen ce:- Mr. D.S. Patni and Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mr. Himanshu Yadav and Mr. Mohd. Shafy, learned counsel for appellants Mr. Vipul Sharma, learned counsel for respondent nos.1, 2 and 24 and 25 Mr. Shobhit Saharia, learned counsel for private respondents -------------------------------------------------------------- JUDGMENT : ( per Shr i Man oj Kum ar Gu pt a C. J.) 1. Heard learned counsel for the parties. 2. The present intra-court appeal is directed against the order of learned Single Judge dated 12.02.2026 passed in WPSS No.239 of 2026, whereby the writ petition filed by the appellants challenging the order dated 15.01.2026 passed by Managing Director, State Krishi Utpadan Vipdan Board, Rudrapur, Udham Singh Nagar has been dismissed as premature. The 1 2026:UHC:1405-DB order impugned in the writ petition examines certain issues and thereafter directs for publication of a provisional seniority list within one week. 3. Learned Single Judge has observed that, since the effect of the order impugned in the writ petition is that a provisional seniority list would be published, the appellants have right to file objections against the same. It has further been observed that, in case any objections are filed, the competent authority shall consider all objections and thereafter finalize the seniority list as per law. 4. Learned Senior Counsel appearing on behalf of the appellants submit that the impugned order alters the settled seniority list and, therefore, seriously affects the appellants. 5. It is not disputed before us that although certain aspects have been considered while passing the order dated 15.01.2026 but, at the same time, the operative part of the order directs publication of provisional seniority list, meaning thereby, that it shall still be open to any person aggrieved by the provisional seniority list to file objections, as such we do not find 2 2026:UHC:1405-DB any illegality in the order of learned Single Judge in declining to examine the challenge at this stage. 6. As apprehension has been expressed by learned Senior Counsel appearing for the appellants that because of certain observations made in the order of the Managing Director dated 15.01.2026, which was under challenge in the writ petition, the concerned respondent would be influenced while deciding the objections, we clarify that, in the event, any objection is filed against the provisional seniority list, the same shall be decided on its own merit, without being influenced by any observations made in the order dated 15.01.2026. 7. With the above observation and clarification, the appeal stands disposed of. 8. Pending applications, if any, also stand disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 27.02.2026 Rajni 3 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db484 48ac3701a9ae475a2547e4b7f1d9b1f17 d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F530616 A158A0A878BD8, cn=RAJINI GUSAIN Date: 2026.02.27 16:53:14 +05'30'