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2026 DAILYLAW 9555 (UTT)

SAMIKSHA UNIYAL v. STATE OF UTTARAKHAND

WPSB/583/2022 · 2026-08-06

Manoj Kumar Tiwari, Pankaj Purohit

body2026

Judgment text

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UKHC010145502022 2026:UHC:6958-DB SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/583/2022 Samiksha Uniyal --Petitioner Versus State Of Uttarakhand & another --Respondents Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. There is no representation for the petitioner. 2. Mr. S.S. Chaudhary, learned Standing Counsel for the State. 3. Mr. Ashish Joshi, learned counsel holding brief of Ms. Menka Tripathi, learned counsel for respondent no.2- Commission. 4. From perusal of the writ petition, it is revealed that petitioner responded to an advertisement issued by respondent no.2. Her grievance is that in that advertisement issued on 10.08.2021, one vacancy each was reserved on the post of (i) Block Development Officer, (ii) Deputy Education Officer, and (iii) Finance Officer, for dependents of Freedom Fighters. However, a Corrigendum was thereafter issued by Uttarakhand Public Service Commission on 07.12.2021, whereby candidates were informed that none of the vacancies in the aforesaid posts is reserved for ‘Dependants of Freedom Fighters’. Thus, feeling aggrieved, petitioner filed this writ petition in 2022 seeking the following relief:- “(i) Issue a writ, order or direction in the nature of certiorari quashing the corrigendum dated 07.12.2021 to the extent of removing the post which was kept for the dependent of freedom fighter and extend the benefits of the dependent of freedom fighter to the petitioner as the same be made applicable in the present selection pursuant to the advertisement no.A-1/E-1/PCS-2021/2021-22 dated 10.08.2021 (annexure no.2 to the writ petition) issued by respondent no.2.” 5. Learned counsel appearing for Commission submits that Corrigendum dated 07.12.2021 was issued in terms of UKHC010145502022 2026:UHC:6958-DB revised requisition received from the Department of Personnel, Government of Uttarakhand. 6. Learned State Counsel submits that, as per earlier policy, depending upon number of vacancies, if share of reserved category was 0.5 or more, then one vacancy was to be reserved for that reserved category. However, State Government took a policy decision, which was notified by Government Order dated 22.05.2020, and as per that government order, merely because share of vacancy available to a reserved category is more than 0.5 would not entitle that reserved category to one vacancy. 7. Since petitioner has not challenged the revised requisition or Government Order dated 22.05.2020, therefore, relief as claimed by petitioner cannot be granted. Corrigendum was issued by Commission pursuant to revised requisition received from the State Government. Even otherwise, learned counsel for Public Service Commission has produced before us result of all candidates who had applied under the category of ‘Dependants of Freedom Fighters’. From perusal of the result, it is revealed that petitioner did not appear in Mains examination. 8. Since selection process is over long back and selected candidates have joined duty, therefore, the selection cannot be disturbed behind their back. Thus, relief as claimed by petitioner cannot be granted. Accordingly, writ petition is dismissed. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 06.08.2026 AK AVNEET KAUR Digitally signed by AVNEET KAUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a82175252dc1a0f53f0e245a1c11df9aa490cfd1403838bf52f9acab4cc3a5b9, postalCode=263001, st=UTTARAKHAND, serialNumber=5BEC18DADE54688668187E4D722C2EDBFDAF35AB2F676A551481BE62508FDDEE, cn=AVNEET KAUR Date: 2026.08.07 10:24:28 +05'30'