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2024 Supreme(UK) 328

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Trivuwan Chandra Lobiyal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vinay Kumar and Mr. Vikas Pandey, learned counsel, Mr. Vinod Tiwari, learned counsel, Mr. M.C. Upadhyaya and Mr. A.M. Saklani, learned counsel.
For the State : Mr. G.S. Negi, learned Additional Chief Standing Counsel with Mr. Shushil Vashistha, learned Standing Counsel.

JUDGMENT :

Manoj Kumar Tiwari, J.

Since common question of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment, however for the sake of brevity facts of WPSB No.135 of 2024 alone are being considered and discussed.

2. The reliefs sought in Writ Petition (M/S) No.135 of 2024 are reproduced below :

    “(i) Issue a writ, order or direction in the nature of Mandamus declaring the Rule 8 and Proviso to Rule 5(3)(b) of the Service Rules,2022 (Annexure No. 1 to this writ petition) as Ultravires to Article 14 and 16 of the Constitution of India being Arbitrary, irrational, unreasonable and discriminatory in nature in as much as it deprives the Petitioners from participating in Limited Departmental Examination on an irrational and unreasonable differentiation criteria.

(ii) Issue a writ, order or direction in the nature of Certiorari calling for the record and quashing the Clause 4 of the advertisement dated 11th March 2024 (Annexure No...2 this Writ Petition) so far as it prescribe that the candidates should have minimum 50% marks in Post Graduation in as much as there was no such requirement at the time of induction in service on

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