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PANKAJ PUROHIT, MANOJ KUMAR TIWARI
Chinkal Choudhary – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Pankaj Purohit, J.
Since all these writ petition(s) involve similar controversy, therefore they are being heard and decided together. For the purpose of brevity facts of Writ Petition No.68 of 2023 (Chinkle Choudhary) are taken up for consideration of the controversy.
2. The writ petition has been filed by the petitioner challenging the advertisement dated 10.08.2021 (Annexure no.1) and notification dated 30.11.2022 (Annexure no.8) issued by respondent no.2, whereby four posts of “Physically Handicapped” category (now termed as “Differently-abled Persons”) in the Uttarakhand Combined State (Civil)/Upper Subordinate Services (Mains) Examination-2021 advertised pursuant to the advertisement dated 10.08.2021, have been reverted.
3. The facts shorn-of unnecessary details are that the advertisement was issued by the respondent-Commission on 10.08.2021 for recruitment of different posts of State (Civil)/Upper Subordinate Services Examination. The controversy to be decided by this Court is limited with regard to the reservation meant for the “Differently-abled Persons”.
4. Learned counsel for the petitioners submitted that petitioners participated in the Preliminary Examination and
The judgment establishes the importance of upholding reservation provisions for 'Differently-abled Persons' as per the Rights of Persons with Disabilities Act, 2016.
Persons with disabilities are entitled to horizontal reservation cutting across all categories, and the application of horizontal reservations must comply with Rule 11(4) of the Rights of Persons wit....
Appointment on posts of Civil Judge and Judicial Magistrate under Civil Judge Cadre – Candidates who consciously took part in process of selection cannot be permitted to question advertisement or met....
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
A writ petition challenging a recruitment advertisement based on speculative apprehension regarding the future application of reservation policies is premature and not maintainable. Recruitment autho....
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