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2013 Supreme(SC) 1025

K.S.RADHAKRISHNAN, A.K.SIKRI
Premlata Joshi – Appellant
Versus
Chief Secretary, State of Uttarakhand – Respondent


Advocates Appeared:
Mr. L. Nageswara Rao, ASG, Mr. Prasenjit Keswani, Mr. Manu Beri (for Mr. Yash Pal Dhingra), Ms. Rachana Srivastava, Mr. Utkarsh Sharma, Advocates, with him for the Appellants.
Mr. Gaurav Agarwal (for Mr. Jatin Zaveri), Advocate, for the Respondents.

JUDGMENT

A.K. Sikri, J.

1. Leave granted.

2. Dispute in these appeals pertains to the validity of appointment to the post of Director, Medical Health. Ms. Premlata Joshi, appellant in one of these appeals was appointed to the post of Director, Medical Health, which was in general category and available to all eligible candidates, irrespective of their category, along with one Dr. C.P. Arya, who was promoted to the post of Director, reserved for Scheduled Caste candidate. Promotion of C.P. Arya is not in question. However, Dr. Y.S. Bisht, who is private respondent in these appeals, and was also considered for the said post but was not appointed, challenged the appointment of Ms. Premlata Joshi (hereinafter referred to as the appellant). The Public Service Tribunal, Uttarakhand, where the Original Application was filed, dismissed the said application of Dr. Bisht (hereinafter referred to as the private respondent) vide orders dated 18th August 2009. This order was challenged by the private respondent before the High Court of Uttarakhand in the form of a Writ Petition. The High Court has allowed the said Writ Petition holding that the selection to the post was on the basis of merit and










































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