2025 Supreme(Online)(UK) 972266
HIGH COURT OF UTTARAKHAND
DHANPAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 1730 / 2025
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
WPSS/ 1730/ 2025
Hon’ble Manoj Kumar Tiwari, J
1. Mr. Vinay Kumar, learned counsel
for the petitioner.
2. Mr. N.K. Papnoi, learned Standing
Counsel for the State of Uttarakhand.
3. Mr. Pankaj Miglani, learned counsel
for the respondent no. 3 - Commission.
4. Petitioner’s name was not included in the select list due to the fact that he could not appear for document verification before the Selecting Body in time. The Selecting Body has recommended names of selected
candidates to the Appointing Authority.
5. In this writ petition, petitioner contends that since no recommendation was made in respect of three vacancies reserved for Scheduled Caste category; petitioner belongs to that category and his score of marks is more than the marks scored by last candidate in that category, therefore, he has a right to be considered for appointment against one
of the three unfilled vacancies.
6. Since Selecting Body has become functus officio after recommendation, therefore, no purpose would be served by referring the matter to Selecting
Body.
7. Learned State Counsel is right in submitting that petitioner himself is to be blamed for not appearing before
Selecting Body for document verification on the given date & time and also not approaching this Court, while the process of document verification was on.
8. Be that as it may, since petitioner has allegedly scored 128 marks in the selection process, and according to him, Scheduled Caste category candidate with 106 marks was recommended for appointment, therefore, the writ petition is disposed of with liberty to petitioner to approach the Appointing Authority by making representation. If petitioner makes representation within one week from today, Competent Authority shall take decision thereupon, within four weeks thereafter.
(Manoj Kumar Tiwari, J)
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