2026:UHC:4403 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1635 of 2022 Ankit Pokhriyal … Petitioner Versus Uttarakhand Subordinate Service Selection Commission & Another … Respondents Mr. Neeraj Singh Kaira, Advocate, for the petitioner. Ms. Priyanka Agarwal, Advocate, for the UKSSSC. Ms. Mamta Bisht, Deputy AG, for the State. 2.6.2026 Hon’ble Manoj Kumar Tiwari, J. Petitioner participated in a selection for the post of Driver, held by Uttarakhand Subordinate Service Selection Commission, pursuant to an advertisement issued on 5.9.2017. Since appointment letter has not been issued in favour of petitioner even though he was declared successful in the selection, therefore, he has approached this Court seeking the following relief: “i. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent to conclude the Selection process expeditiously by release the joining/appointment letter in favour of the petitioner on the basis of qualification and merit list.” 2. Ms. Prinanka Agarwal, learned Counsel appearing for the selecting body, submits that total 12 vacancies on the post of Driver in different 2026:UHC:4403 2 departments, including NCC, were advertised; since requisition for 3 vacancies was withdrawn, therefore, selection was held only against 9 vacancies; against 9 vacancies, 8 selected candidates were recommended for appointment, including the petitioner; other 7 candidates, who were recommended for appointment were appointed and they have joined duties in their respective department, however petitioner was denied appointment by the competent authority in NCC Directorate on the ground that he does not possess license for driving heavy motor vehicles. Learned Counsel for the selecting body submits that the mode of recruitment is governed by Uttarakhand Government Department Driver’s Service Rules, 2003, as amended by notification dated 11.2.2008. 3. State Counsel produced English version of the amended Rules, pursuant to order dated 25.5.2026, which is taken on record. Registry shall paginate the papers produced by State Counsel. Rule 11 of the said Rules, dealing with academic and other qualifications, is reproduced below:- “11. A candidate for direct recruitment to the service must (i) have passed Class VIII examination from a recognized educational institution and (ii) possess a valid driving license for heavy or light vehicle, as the case may be, for a period of not less than three years preceding the date on which vacancy is notified to the employment exchange under Rule 16.” 2026:UHC:4403 3 4. Learned State Counsel submits that Secretary of the selecting body wrote a letter to NCC Headquarters, Utarakhand on 20.10.2020, asking whether NCC Department requires driver who is proficient in driving heavy motor vehicle or those who are proficient in driving light motor vehicle alone would be eligible for appointment. In response to that letter, NCC Directorate replied on 27.10.2020 that NCC Directorate needs drivers who are proficient in driving heavy as well as light motor vehicles. Secretary of the selecting body thereafter replied on 16.9.2021 to NCC Headquarters stating that the requirement of driving license for heavy motor vehicle was not communicated to the selecting body while sending requisition; since the selection process is now over, therefore, new condition of eligibility cannot be added at this belated stage, as it will disturb the entire selection. 5. Learned Counsel for the petitioner drew attention of this Court to the requisition sent on 15.9.2016 by NCC Headquarters in respect of 4 vacancies on the post of Vehicle Driver, which is on record as Annexure CA-1 to the counter affidavit filed on behalf of respondent no. 2. In that requisition, there is nothing to indicate that one must also possess license for driving heavy vehicle for appointment in NCC Directorate. Against the eligibility conditions in Clause 11, reference is made to Uttarakhand Government Department Driver’s Service Rules, 2003, as amended in 2008. Rule 11 of the said Rules (supra) unequivocally provides 2026:UHC:4403 4 that anyone, who possesses valid license for driving heavy motor vehicle or light motor vehicle, as the case may be, is eligible for appointment. A plain reading of the Rule thus indicates that possession of valid license for driving any one of the two categories of vehicles, specified above, is sufficient to satisfy the eligibility condition, prescribed therein. 6. It is not in dispute that petitioner possesses a valid license for driving light motor vehicle. Thus he is eligible for appointment as Driver, in terms of the service rules framed under Article 309 of the Constitution. Thus denial of appointment to petitioner only on the ground that he does not possess license for driving heavy motor vehicle, is unjust and unsustainable. Eligibility of a person for appointment to a post has to be tested on the touchstone of the applicable recruitment rules. As per those rules, petitioner is eligible. Reliance by NCC Directorate on its communication issued on 27.10.2020 for denying appointment to petitioner is clearly misplaced. If at all NCC Directorate wanted a Driver, who possesses license for driving heavy motor vehicle, then such requirement should have been communicated to the selecting body while sending requisition. Selection process is initiated as per the requirement indicated in the requisition. Selecting body then could have made some deviation from the recruitment rules, which require any one of the aforesaid two driving licenses. The selecting body rightly responded to the request made by NCC 2026:UHC:4403 5 Directorate, vide letter dated 16.9.2021, stating that alteration in the condition of eligibility for appointment to the post of Driver is not possible at such belated stage, when selection process was over. Rules of the game cannot be changed after selection process is initiated, as held by Hon’ble Supreme Court in the case of Tej Prakash Pathak & Others v. Rajasthan High Court & Others, reported as (2025) 2 SCC 1. 7. Thus the writ petition deserves to be allowed and is hereby allowed. Competent authority in NCC Directorate is directed to offer appointment to the petitioner on the post of Driver, if he is otherwise found eligible for such appointment, within four weeks from today. (Manoj Kumar Tiwari, J.) 2.6.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602f f6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806A CCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.03 17:28:08 +05'30'