2025:UHC:9497-DB

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (S/B) No.427 of 2025

Aruna Saini …… Petitioner

Vs.

State of Uttarakhand and Another ……Respondents

Presence:

Mr. Dushyant Mainali, learned counsel for the petitioner.

Mr. B.S. Parihar, learned Addl. C.S.C. for the State.

Mr. Pankaj Miglani, learned counsel for respondent no.2.

Coram: Hon’ble Ravindra Maithani, J.

Hon’ble Alok Mahra, J.

Hon’ble Alok Mahra, J. (Oral)

Respondent No. 2/U.P.S.C. issued an advertisement

dated 13.10.2023 inviting applications for 18 posts of Principal (Grade-II) in Government Industrial Training Institutes. Out of the total 18 advertised posts, 9 posts were unreserved, 5 posts were reserved for candidates belonging to the Scheduled Caste category, 1 post for Scheduled Tribe category, 2 posts for candidates belonging to the OBC category, and 1 post for candidates belonging to the Economically Weaker Section (EWS) category of the State of Uttarakhand. Further, 2 posts out of 9 unreserved posts were horizontally reserved for women candidates of Uttarakhand, and 1 post was reserved for a

woman candidate belonging to the Scheduled Caste category.

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2. As per the pleadings in the writ petition, the petitioner, belonging to the OBC category, applied pursuant to the aforesaid advertisement. She was declared successful in the screening test held on 27.06.2024, and after document verification, she appeared in the interview conducted on 26– 27.08.2025, in which she secured 53 marks. However, she could not find a place in the final select list. Being aggrieved, the petitioner has preferred the present writ petition seeking the following reliefs:

“i) Issue a writ of certiorari for quashing the order dated 02.09.2025 (Annexure No. 5 to the writ petition) passed by the respondent no.2, whereby the selection result of Principal (Grade-II) in Government Industrial Training Institution has been published in utter disregard of Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022 as well as the prescribed standards/norms as laid down by the Hon'ble Supreme Court in catena of judgments with regard to grant of vertical and horizontal reservations.

ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to prepare a fresh select list for the post of Principal (Grade-II) in Government Industrial Training Institute, in the light of Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022 as well as the prescribed standards/norms as laid down by the Hon'ble Supreme Court in catena of judgments with regard to grant of vertical and horizontal reservations.”

3. Learned counsel for the petitioner submitted that although 2 posts were reserved for OBC candidates, no horizontal reservation was provided for OBC women candidates. He further contended that 30% of 2 posts equals 0.6, which, upon rounding off, ought to have been treated as 1 post, thereby entitling one OBC woman candidate of Uttarakhand to reservation under the Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022. On this basis, learned counsel for the petitioner submitted that the select list be quashed and a fresh select list be prepared by earmarking one post for an OBC woman candidate.

4. Per contra, learned counsel for respondent nos. 1 and 2 submitted that the Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022 does not provide for rounding off in computation of reservation. They have further submitted that the horizontal reservation details were explicitly mentioned in the advertisement itself, and the petitioner, having gone through the same, applied without any objection. Having participated in the entire selection process including the screening test and interview, the petitioner is now precluded from challenging the process after being declared unsuccessful.

5. Heard learned counsel for the parties and perused the file.

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6. The Hon’ble Apex Cour