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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
K.M. Joseph, V.K. Bist, JJ.
Smt. Pinki Devi & others - Appellants
Versus
State of Uttarakhand & others - Respondents
Special Appeal No. 970, 969, 905 of 2017
Decided On : 01-12-2017
The Court held that the decision of the Government to cancel the entire selection process for the post of Village Panchayat Development Officer was not arbitrary or disproportionate. The Court found that there were large-scale irregularities in the examination process, including tampering with the OMR sheets, mass copying, and impersonation. The Court also found that the Government had acted on the basis of a report from a three-member committee that had been appointed to investigate the irregularities. The Court held that the Government's decision was a reasonable and proportionate response to the irregularities that had been found.
Fact of the Case:
The appellants were candidates who had been selected for the post of Village Panchayat Development Officer in a selection process conducted by the Uttarakhand Subordinate Service Selection Commission. The selection process was cancelled by the Government after it was found that there were large-scale irregularities in the examination process. The appellants challenged the Government's decision in court.
Finding of the Court:
The Court found that there were large-scale irregularities in the examination process, including tampering with the OMR sheets, mass copying, and impersonation. The Court also found that the Government had acted on the basis of a report from a three-member committee that had been appointed to investigate the irregularities.
Issues: Whether the Government's decision to cancel the entire selection process was arbitrary or disproportionate.
Ratio Decidendi: The Court held that the Government's decision was not arbitrary or disproportionate. The Court found that the Government had acted on the basis of a report from a three-member committee that had been appointed to investigate the irregularities. The Court also found that the Government's decision was a reasonable and proportionate response to the irregularities that had been found.
Final Decision: The Court dismissed the appeals.
K.M. Joseph, J.
There is defect in Special Appeal No. 970 of 2017, which we can ignore.
2. Since in these appeals common questions of law arise, we are disposing of the same by the following common judgment.
3. Special Appeal No. 905 of 2017 is filed against Writ Petition (S/S) No. 2105 of 2017. Special Appeal No. 970 of 2017 is filed against Writ Petition (S/S) No. 1941 of 2017. Special Appeal No. 969 of 2017 is filed against Writ Petition (S/S) No. 2571 of 2017.
4. Appellants are the petitioners in all the writ petitions.
5. Prayers sought in Writ Petition (S/S) No. 1941 of 2017, from which Special Appeal No. 970 of 2017 arises are as follows:
“(i) Issue a appropriate writ, order or direction in the nature of Certiorari quashing the impugned order/letter dated 14.06.2017 (Annexure-9).
(ii) Issue a appropriate writ, order or direction in the nature of Certiorari quashing the alleged inquiry reported dated 6.6.2017 as referred in order/ letter dated 14.06.2017 after calling from the respondents.
(iii) Issue an appropriate writ, order or direction in the nature of Mandamus commanding and directing the respondents to issue appointment letters to the petitioners pursuant to result declared on 29.03.2016 for the post of Village Panchayat Development Officer.
(iv) Issue an appropriate writ, order or direction in the nature of Mandamus commanding and directing the respondents not to issue further advertisement for the post of Village Panchayat Development Officer during pendency of present writ petition.”
6. Prayers sought in Writ Petition (S/S) No. 2571 of 2017, from which Special Appeal No. 969 of 2017 arises are as follows:
“(i) Call for the records of the inquiry report in pursuance of which a decision has been taken by order dated 14.06.2017 to cancel the entire selection process.
(ii) Issue a writ order or direction in the nature of certiorari for quashing the impugned decision regarding cancellation of entire selection as communicated by the Government to the Commission by letter dated 14.06.2017 (Annexure No. 9 to the writ petition), which is based upon the inquiry report dated 06.06.2017 as well as a writ, order or direction in the nature of certiorari quashing the interim inquiry report dated 06.06.2017 (Annexure No. 11 to the writ petition).
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to issue appointment letters to the petitioners in pursuance of final merit list dated 29.03.2016 published on the website of the Commission on 30.03.2016.
(iv) Issue a writ, order or direction in the nature mandamus directing to the respondent no. 1 to hold an enquiry against the respondent nos. 6 & 7 against whom a serious complaint was made by the then Examination Controller Dr. R.S. Pokharia on 09.05.2016 forwarded by the Chairman of the Commission by letter dated 09.05.2016, and if possible any independent agency may also be constituted to hold an inquiry against these respondents.”
7. Prayers sought in Writ Petition (S/S) No. 2105 of 2017, from which Special Appeal No. 905 of 2017 arises are as follows:
“(i) Call for the records of the inquiry report in pursuance of which a decision has been taken by order dated 14.06.2017 to cancel the entire selection process.
(ii) Issue a writ order or direction in the nature of certiorari for quashing the inquiry report as well as the decision taken pursuant thereto dated 14.06.2017 (annexure no. 9 to the writ petition) passed by the Additional Secretary to the Government alongwith Office Memorandum dated 16.06.2017 (Annexure No. 10 to the writ petition) passed by the Secretary of the Uttarakhand Subordinate Service Selection Commission by which entire selection process in question has been cancelled.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to issue appointment letters to the petiti
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