The main legal point established in the judgment is that executive orders or rules must not contravene any existing law or constitutional provisions, and appointments in the public services should be made strictly on merit and in compliance with the relevant statutory provisions.

Since both the writ petitions raise a common issue, the same is being decided together.

2. The petitioner Karunesh Joshi has filed the Writ Petition No.945 of 2007 (S/S) for the quashing of the order dated 18th May, 2006 passed by the District Magistrate, Nainital as well as the order dated 13th June, 2006 passed by the Secretary, Department of Personnel, Government of Uttarakhand and further sought a relief in the nature of mandamus commanding the respondents to give an appointment to the petitioner pursuant to the Government Order dated 11th August, 2004.

3. The brief facts leading to the filing of the writ petition is, that the petitioner contend that he is a permanent resident of Uttarakhand and was an active participant in the agitation for the creation of the State of Uttaranchal (now ‘Uttarakhand’). It is alleged that during the agitation for the creation of the State of Uttarakhand, several residents of this area were injured in the movement and also went to jail. Some of them were seriously injured and were hospitalized and others went to jail. Upon the creation of the State of Uttarakhand on 09th November, 2000, the Chief Minister made a public statement in his speeches that persons who had participated in the movement for the creation of the State of Uttarakhand would be rewarded suitably by giving them appointments in the public sectors and, based on that promise, the State Government issued an order dated 11th August, 2004 providing appointments on the post of Group ‘C’ and ‘D’ as per the educational qualification and also offered appointments on such posts, which were outside the purview of the Public Service Commission. This Government Order indicated that the persons who are domicile of the State of Uttarakhand and who participated in the agitation for the creation of Uttarakhand and who were injured and who produced a medical certificate of such injury and who had spent seven days or more in jail, would be given an appointment in the State of Uttarakhand. Such persons would be identified by the District Magistrate in all the districts of Uttarakhand and a list would be prepared, on the basis of which, the appointing authorities would be directed to issue such appointments on Group ‘C’ and Group ‘D’ posts on the basis of the educational qualifications. The Government Order further stipulated that there would be a relaxation of the age as well as in the selection process.

4. Based on the aforesaid G.O., lists were prepared by the District Magistrates in their area of jurisdiction and it has been stated at the Bar that several hundreds of people were given appointments pursuant to the G.O. dated 11.08.2004 in the last five years.

5. In so far as the petitioner Karunesh Joshi is concerned, he alleged that he was an active participant in the agitation for the creation of the State of Uttarakhand and in the incident of 29th September, 1995, the petitioner was injured and was under the treatment of a private doctor, who had certified that the petitioner was under his treatment. On the basis of this certificate, the petitioner applied for an appointment on a Class IV post pursuant to the G.O. dated 11.08.2004. The petitioner’s application remained pending and, ultimately, the District Magistrate, by an order dated 18th May, 2006, rejected the same. The petitioner made a representation to the Secretary, Department of Personnel, who also rejected the petitioner’s application by an order dated 13th June, 2006 on the ground that the medical certificate produced by the petitioner was not authentic. The petitioner Karunesh Joshi, being aggrieved by these orders, has filed the Writ Petition No.945 of 2007 (S/S).

6. In so far as the Writ Petition No.301 of 2009 (S/S) is concerned, the petitioner Narayan Singh Rana contends that he also participated in the movement for the creation of the State of Uttarakhand and was injured as well and also went to jail for 23 days and that pursuant to the Government Order d