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2026 Supreme(Online)(UK) 166

HIGH COURT OF UTTARAKHAND
NATIONAL TESTING AGENCY – Appellant
Versus
RAJAT BHARDWAJ – Respondent
SPA 101 / 2025



Office Notes, reports, orders or proceedings

SL.

Date or directions and COURT’S OR JUDGES’S ORDERS

No

Registrar’s order with

Signatures

SPA No. 101 of 2025

Hon’ble G. Narendar, C.J.

Hon’ble Alok Mahra, J.

Mr. Shashank Upadhyaya, learned

counsel for the appellant.

Mr. Ramji Srivastava, learned counsel for

respondent nos. 1 to 4.

Mr. Vinay Kumar, learned counsel for

respondent no. 5.

2. Heard the learned counsel for both sides. 3. This Court, while staying the order of the learned Single Judge dated 12.12.2024 was pleased to observe in paragraph no.5 of the

order as under:-

“In that view, there shall be a stay of operation and execution of the impugned order dated 12.12.2024. The present round of litigation will not come in the way of the respondents-petitioners participating in any further round of selection process that may

be announced.”

4. It is now submitted that further the recruitment process has not been taken

forward in view of the interim order.

5. This Court, while granting the interim order, had in fact granted leave to the respondents-petitioners to participate in any further round of selection process, indicating thereby that this Court was not staying any selection process that may be commenced by

the concerned agencies.

6. The fifth respondent-the High Court, has now filed the present application and it is

pleaded in paragraph nos.4, 5 & 6 as under:

“4. That in the earlier recruitment process held in 2024 conducted by the National Testing Agency, 60 post of Junior Assistant and 82 post of Stenographer/Personal Assistant for the District Judiciary of the State were advertised; only 41 post of Junior Assistant and 04 post of Stenographer/Personal Assistant were filled up; and 19 post of Junior Assistant and 78 post of Stenographer/Personal Assistant remained vacant. As on date, the tentative vacancies of Junior Assistant and Stenographer/Personal Assistant in the District Judiciary of the State are as follows:-

Sr. No. Name of the No. of No. of Total posts vacancies vacancies Vacancies in Civil in Family Courts Courts

1. Junior 120 23 143 Assistant

2. Stenographer/ 96 11 107 Personal Assistant

5. Further, it is respectfully submitted that the answering respondent is under obligation to comply with directions of Hon'ble Court and it is not confirmed as to whether the direct recruitment process for the post of Junior Assistant and Stenographer/Personal Assistant in the District Judiciary of the State can be initiated against all the existing vacancies, including those are impugned in the writ petition. It is further submitted that due to the present litigation, the direct recruitment process in the District Judiciary is on hold resulting which the judicial work of the District Courts are being hampered and disturbed. Therefore, necessary directions may kindly be issued for conducting further direct recruitment process in the District Judiciary.

6. That in view of the facts and circumstances stated above, it is expedient

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