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2026:UHC:2357-DB Office Notes,

reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures

WPSB/ 67/ 2017 Hon’ble Manoj Kumar Tiw ari, J.

Hon’ble Pankaj Purohit, J.

1. Ms. Bhawna Kanwal, Advocate holding brief of Mr. Pankaj Tangwan,

learned counsel for the petitioner.

2. Mr. S.S. Chaudhary, learned Standing Counsel for the State of

Uttarakhand.

3. Mr. Pankaj Miglani, learned counsel for the respondent-Selecting Body.

4. Petitioner possesses three years diploma in Hotel Management & Catering Technology from Government Management Hotel & Catering Technology Institute, Dehradun. He responded to an advertisement dated 03.02.2015 issued by Uttarakhand Public Service Commission, whereby applications were invited for appointment to the post of Lecturer (Cookery, Bakery, Housekeeping, Restaurant, Reception) in

Tourism Department.

5. As many as four vacancies on the aforesaid post were notified by the said advertisement, however, no one was selected for the post in question as none of the candidate, who applied pursuant to the advertisement, possessed the requisite qualification. The requisite qualification is mentioned in the advertisement as three year diploma or degree in Hotel Management, Catering Technology and Applied Nutrition, with first division marks from any Institute recognised by National Catering Council or All India Council for Technical

2026:UHC:2357-DB Education.

6. Learned State Counsel contends that the writ petition was filed in 2017, and the selection process was initiated in February 2015, therefore, the relief sought in the writ petition, cannot be

granted at this belated stage.

7. Ms. Bhawna Kanwal, learned counsel appearing for the petitioner, however, submits that there is no one with the required qualification available for appointment to the post in question, as there is no Institution within the State or even beyond, which awards three years diploma or degree with the same nomenclature as mentioned in the advertisement, therefore, not a single candidate with requisite qualification applied pursuant to the advertisement. Consequently, no one was recommended

for appointment by the Selecting Body.

8. Learned counsel for the petitioner produced in Court a letter issued by Secretary, Tourism to the Secretary, Uttarakhand Public Service Commission on 31.03.2017, which is taken on record. 9. Perusal of said letter reveals that State Government is alive to the problem faced by Public Service Commission due to non-availability of any candidate having requisite academic qualification and State Government decided to treat three years diploma in “Hotel Management and Catering Technology” as equivalent to the qualification

mentioned in the advertisement.

10. Yesterday, we asked learned counsel appearing for the Selecting Body to get instructions regarding letter dated

2026:UHC:2357-DB

2026:UHC:2357-DB