2026:UHC:3492-DB 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 PSB/ 1 3 3 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Pan k aj Pu r oh it , J. 1. Mr. Dinesh Gahtori, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand. 3. Mr. Ashish Joshi, learned counsel for the respondent-UPSC. 4. Ms. Anjali Bhargawa, learned counsel for respondent no. 5. 5. In sequence to the order of date, the matter is again taken-up for hearing. 6. Uttarakhand Public Service Commission (in short “Commission”) invited applications from eligible persons for the post of Assistant Professor in Government Degree Colleges. Petitioner, who is a physically disabled person, responded to the advertisement and applied for the post of Assistant Professor (Hindi). 7. Grievance of the petitioner is that even though her name was initially shortlisted by Commission for interview, however, she was not called for interview on the ground that she had not qualified National Eligibility Test (NET) on the date of issuance of advertisement i.e. 04.12.2021. 8. Petitioner contends that Commission issued a corrigendum on 23.12.2022, whereby the deadline for submitting applications was extended to 13.01.2023 in respect of physically disabled persons, pursuant to Division Bench order dated 31.08.2022 passed in WPSB No. 49 of 2022 and since petitioner had qualified NET in the meantime, therefore, she is eligible. 2026:UHC:3492-DB 9. This Court by an interim order dated 02.04.2024 directed the Commission to consider petitioner’s candidature for appointment provisionally with the condition that her result will not be declared without leave of the Court. 10. Pursuant to the instructions received from Secretary, UKPSC, Mr. Ashish Joshi, learned counsel for the Commission submits that in view of order of this Court, petitioner was permitted to participate in the selection, however, she scored only 25 marks out of 100 in interview, while the minimum cut-off marks in respect of candidate belonging to Schedule Caste category is 35 and there is no separate cut-off marks fixed for physically disabled person. He thus submits that petitioner belong to Schedule Caste category, therefore, unless she scores minimum 35 marks, her name cannot be recommended for appointment. He further submits that relief, as prayed by petitioner cannot be granted in view of her poor performance in the selection process. 11. We find substance in the submission made by learned counsel for the Commission. Even though petitioner was permitted to participate in the selection process, however, due to her poor performance in the selection, she cannot be granted any relief, as prayed for. 12. The issues raised by petitioner, thus, have become of academic interest only. The writ petition is, accordingly, dismissed. ( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, J.) 07.05.2026 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: 2026.05.07 22:10:08 -07'00' 2026:UHC:3492-DB