2026:UHC:2514 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1135/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. A.S. Rawat, Senior Advocate, assisted by Mr. Gaurav Paliwal, Advocate for the petitioner. 2. Mr. R.C. Joshi, Brief Holder for the State of Uttarakhand/ respondent no. 1. 3. Mr. Ashish Joshi, Advocate for respondent no. 2. 4. Petitioner participated in a selection for appointment as Data Entry Operator in Uttarakhand Public Service Commission, pursuant to an advertisement issued on 13.01.2023. According to him, he scored 107.8650 marks in the selection, which was equal to the cut-off marks fixed for Scheduled Caste category, in the selection. The grievance raised by the petitioner is that another candidate, namely Mr. Suraj Gautam, who was recommended for appointment against lone vacancy reserved for S.C. category, did not join duties when appointment was offered to him, however, petitioner was not offered that vacancy, even though, he was immediately below that candidate in the merit list. 5. Mr. Ashish Joshi, learned counsel appearing for the Public Service Commission refers to the Rules framed by the State Government regarding waiting list, which were notified on 10.10.2023. 2026:UHC:2514 6. Learned counsel appearing for the petitioner, however, submits that since the selection process was initiated before enforcement of the said Rules, therefore, those Rules would have no application to the case in hand. It is further contended that because of non-joining of the recommended candidate, petitioner had a vested right of appointment, but that has not been given to him. 7. Having regard to the facts of the case, the writ petition is disposed of with liberty to the petitioner to approach the Secretary, Uttarakhand Public Service Commission by making a representation. If he makes representation within ten days, decision thereupon shall be taken, as per law, within four weeks thereafter. (Manoj Kumar Tiwari, J.) 08.04.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e44 03d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095 C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.09 10:06:49 +05'30'