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2026 Supreme(UK) 116

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI, SUBHASH UPADHYAY
Praveen Tandon – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
Dr. Gyanendra Kumar Sharma, Ms. Indu Sharma and Ms. Harshi Gupta, learned counsel for the Petitioners in WPSB No.710 of 2024 and learned counsel for the Intervener in WPPIL No. 70 of 2025).
For the Respondent:Mr. S. N. Babulkar, learned Advocate General assisted by Mr. C. S. Rawat, learned Chief Standing Counsel, Mr. Abhijay Negi, Mr. Vinay Kumar, Ms. Snigdha Tiwari, and Mr. Himanshu Pal
For the Intervener : Mr. Shobhit Saharia, Mr. Amanpreet Singh Rahi and Mr. Shubham Bharadwaj, learned counsel

JUDGMENT :

Ashish Naithani, J.

1. These three writ petitions, namely WPSB No. 710 of 2024, WPPIL No. 70 of 2025 and WPSB No. 295 of 2025, arise out of a common issue relating to the appointment of respondent no.3 to the post of Managing Director of a State Corporation governed by the Selection and Appointment of Managing Directors & Directors in the Three Corporations Rules, 2021 (hereinafter referred to as “the Rules, 2021”).

2. Since the core issue involved in all three petitions is substantially identical, they were heard together and are being decided by this common judgment.

3. Brief facts of the case are as follows; the Rules, 2021 were framed by the State Government to regulate the selection and appointment of Managing Directors and Directors in three specified State Corporations. The Rules prescribe eligibility conditions, educational qualifications, experience requirements and procedural safeguards for appointment.

4. By amendment dated 28.05.2021, the Rules were modified, inter alia, to prescribe specific educational qualifications for the post of Managing Director. Under Rule 9 and Rule 9 A, as amended, certain technical and professional qualifications, including possessio

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