2026:UHC:4015 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1148/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Abhijay Negi, Advocate for the petitioners. 2. Mr. K.N. Joshi, Deputy Advocate General for the State of Uttarakhand. 3. Ms. Menka Tripathi, Advocate for respondent no. 2, through video conferencing. 4. Petitioners belong to different reserved categories, namely Scheduled Caste, Other Backward Classes and Persons with Disabilities. They are questioning the advertisement issued by Uttarakhand Public Service Commission on 30.12.2025 for the post of Lecturer. 5. By means of this writ petition, petitioners have sought the following reliefs:- I. Issue a writ, order or direction in the nature of Certiorari to quash the advertisement bearing number A-3/S-1/DR (L.I.C.)/2025 dated 30.12.2025 (Annexure No. 03; Page No. 38 to 81) as being contrary to the Government Policy on post based roster determination in letter number 124/XXX(2)/2020-53(01)/2001 dated 22.05.2020 (Annexure No. 02; Page 29 to 37); II. Issue a writ, order or direction in the nature of Mandamus, directing the Respondent No. 02 to re-determine the post based reservation roster in compliance with the letter 124/ XXX (2) / 2020-53 (01) / 2001 dated 22.05.2020 (Annexure No. 02; Pages 29 to 37).” 6. It is contended by learned counsel for the petitioners that out of 725 total advertised vacancies on the post of Lecturer, 43 were for the post of Lecturer (Mathematics), against which only 6 were reserved for Scheduled Caste, whereas reservation to the extent of 19% is available to 2026:UHC:4015 Scheduled Castes as per reservation policy. Thus, it is contended that at least 8 vacancies on the post of Lecturer (Mathematics) should have been reserved for Scheduled Caste persons. 7. Learned State Counsel was asked to get instructions. On instructions, he submits that there are total 484 sanctioned post of Lecturer (Mathematics) in Government Inter Colleges, out of which 91 are reserved for Scheduled Castes category as per reservation policy; out of these 91 vacancies, 85 are already occupied by persons belonging to Scheduled Caste category, thus, there are only 6 vacancies, which are available for persons belonging to Scheduled Caste category as per reservation policy. He submits that in the advertisement in question, all 6 unfilled vacancies which are available for the Scheduled Caste category were advertised. He submits that in other subjects also, same is the situation, therefore, challenge thrown by petitioners to the advertisement is misconceived. He further submits that there is no cause of action available to the petitioners and writ petition is premature. 8. This Court finds some substance in the submission made by learned State Counsel. Although reservation policy applicable in the State provides for reservation to the extent of 19% in State services to members of Scheduled Castes, however, that would apply to the total cadre strength. Petitioners contend that in every advertisement, 19% post should be set apart for Scheduled Castes. That contention cannot be accepted. Once required number of posts are 2026:UHC:4015 occupied by Scheduled Caste persons and quota prescribed for them is achieved, then the roaster cannot be applied any further, as held by Apex Court in the case of R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745. 9. Since presently there are only 6 vacancies available for Scheduled Caste category persons and these 6 vacancies are shown as reserved for Scheduled Caste persons in the advertisement, therefore, there is no reason for this Court to interfere with the impugned advertisement. 10. The writ petition, however, is disposed of permitting the petitioners to approach the competent authority by making representation, if they have some other valid grievance. If petitioners make representation within two weeks, decision thereupon shall be taken as per law, within three months thereafter. The competent authority shall take independent decision uninfluenced by any observation made in this order. (Manoj Kumar Tiwari, J.) 21.05.2026 Navin