PANKAJ PUROHIT
Nitika Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Hon'ble Pankaj Purohit, J.
Heard learned Counsel for the parties.
2. Petitioners have moved to this Court seeking a writ of mandamus directing respondent no.3 to comply with the mandate of Rule 20 of Personal Assistant Cadre Employees’ Service Rules 2018 and Rule 5(4) of Procedure for Appointment by Direct Recruitment on Group ‘C’ Post Rules, 2008, and to conclude the selection process of Stenographer/Personal Assistants against unfilled and non-recommended 42 vacancies of Personal Assistant/Stenographer.
3. Facts of the case shorn off unnecessary details are that an advertisement was issued by the respondent no.3-Commission on 27.07.2020 for supplying vacancies on the post of Personal Assistant/Stenographer. According to petitioners, total number of posts were initially 162 which were subsequently reduced to 152. The selection was initiated in which petitioners participated and written examination took place on 16/17.03.2021. According to petitioners, total 1830 candidates qualified the written examination. The minimum qualifying marks, as per the advertisement for open
The court emphasized the necessity for the Commission to adhere to recruitment rules, mandating the filling of all advertised vacancies from the merit list.
Post of Police constable – Direct recruitment - To lower respective category-wise merit and accord selection to them on the vacant posts of Constable (Civil Police/PAC) – Held, Such situation eventua....
The main legal point established in the judgment is that the action of the respondents in not preparing a waiting list in compliance with Rule 15(3) of Rules 1992 was arbitrary and against the spirit....
Post of Stenographer Grade – Selection Process - Where appointments made were found to be illegal later in an enquiry. While examining the rights of persons selected in such invalid process.
Selection Committee cannot disqualify candidates based on limited choice preferences; disqualification must align with statutory Recruitment Rules.
Rule 4A of Procedure of 2019 makes it clear that in case of direct recruitment select list can be prepared only on basis of interview.
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