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2026:UHC:4015

Office Notes,

reports, orders or

SL. proceedings or

No.

Date

directions and

COURT’S OR JUDGE’S ORDERS

Registrar’s order

with Signatures

WPSS/1148/2026

Hon’ble Manoj Kumar Tiwari, J.

Mr. Abhijay Negi, Advocate for the petitioners.

2. Mr. K.N. Joshi, Deputy Advocate General for the State

of Uttarakhand.

3. Ms. Menka Tripathi, Advocate for respondent no. 2,

through video conferencing.

4. Petitioners belong to different reserved categories,

namely Scheduled Caste, Other Backward Classes and

Persons with Disabilities. They are questioning the

advertisement issued by Uttarakhand Public Service

Commission on 30.12.2025 for the post of Lecturer.

5. By means of this writ petition, petitioners have sought

the following reliefs:-

I. Issue a writ, order or direction in the nature of Certiorari to

quash the advertisement bearing number A-3/S-1/DR (L.I.C.)/2025

dated 30.12.2025 (Annexure No. 03; Page No. 38 to 81) as being

contrary to the Government Policy on post based roster determination

in letter number 124/XXX(2)/2020-53(01)/2001 dated 22.05.2020

(Annexure No. 02; Page 29 to 37);

II. Issue a writ, order or direction in the nature of Mandamus,

directing the Respondent No. 02 to re-determine the post based

reservation roster in compliance with the letter 124/ XXX (2) / 2020-53

(01) / 2001 dated 22.05.2020 (Annexure No. 02; Pages 29 to 37).”

6. It is contended by learned counsel for the petitioners

that out of 725 total advertised vacancies on the post of

Lecturer, 43 were for the post of Lecturer (Mathematics),

against which only 6 were reserved for Scheduled Caste,

whereas reservation to the extent of 19% is available to

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Scheduled Castes as per reservation policy. Thus, it is

contended that at least 8 vacancies on the post of Lecturer

(Mathematics) should have been reserved for Scheduled

Caste persons.

7. Learned State Counsel was asked to get instructions.

On instructions, he submits that there are total 484

sanctioned post of Lecturer (Mathematics) in Government

Inter Colleges, out of which 91 are reserved for Scheduled

Castes category as per reservation policy; out of these 91

vacancies, 85 are already occupied by persons belonging to

Scheduled Caste category, thus, there are only 6 vacancies,

which are available for persons belonging to Scheduled Caste

category as per reservation policy. He submits that in the

advertisement in question, all 6 unfilled vacancies which are

available for the Scheduled Caste category were advertised.

He submits that in other subjects also, same is the situation,

therefore, challenge thrown by petitioners to the

advertisement is misconceived. He further submits that there

is no cause of action available to the petitioners and writ

petition is premature.

8. This Court finds some substance in the submission

made by learned State Counsel. Although reservation policy

applicable in the State provides for reservation to the extent

of 19% in State services to members of Scheduled Castes,

however, that would apply to the total cadre strength.

Petitioners contend that in every advertisement, 19% post

should be set apart for Scheduled Castes. That contention

cannot be accepted. Once required number of posts are

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occupied by Scheduled Caste persons and quota prescribed

for them is achieved, then the roaster cannot be applied any

further, as held by Apex Court in the case of R.K. Sabharwal v.

State of Punjab, (1995) 2 SCC 745.

9. Since presently there are only 6 vacancies available for

Scheduled Caste category persons and these 6 vacancies are

shown as reserved for Scheduled Caste persons in the

advertisement, therefore, there is no reason for this Court to

interfere with the impugned advertisement.

10. The writ petition, however, is disposed of permitting

the petitioners to approach the competent authority by

making representation, if they have some other valid

grievance. If petitioners make representation within two

weeks, decision thereupon shall be taken as per law, within

three months thereafter. The competent authority