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2023 Supreme(UK) 430

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Satendra Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Dr. Kartikey Hari Gupta, Advocate, Ms. Akleema Parveen, Advocate holding brief of Mr. Piyush Garg, Advocate
For the Respondent:Mr. K.N. Joshi, learned Deputy Advocate General

JUDGMENT :

Manoj Kumar Tiwari, J.

By means of this writ petition, petitioners have the sought following reliefs:

    i. Issue a writ order or direction in the nature of certiorari, calling for records and declare/quash Rule -5 (2), Rule -24 (a) & (b), Rule-25, 25, Schedule - 6 Rule - 1& 7& 8, Schedule - 7 Rule - 1& 7 of Uttarakhand Police Constable and Head Constable (Civil Police, Intelligence and Armed Police) Service Rules, 2018 and Rule - 2 of 2019 Amendment (ANNEXURE NO.1.) ultra vires to the Constitution of India hence illegal.

ii. Issue a writ order or direction in the nature of certiorari, calling for records and declare/ quash Rule 5, Rule 5 A (3) (a) of Uttarakhand Police Sub-Inspector and Inspector (Civil Police and Intelligence) Service Rules, 2018 (ANNEXURE NO.1.) ultra vires to the Constitution of India hence illegal.

iii. Issue a writ order or direction in the nature of mandamus directing the respondents to fill all posts of Head Constable from Constable, only by way of departmental seniority basis of Constables, excluding ineligible candidates (that is to say hundred percent by way of promotion).

iv. Issue a writ order or direction in the nature of mandamus directing the resp

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