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2026:UHC:4146

Office Notes,

reports, orders

or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with

Signatures

WPSS/ 1333/ 2026

WPSS/ 1350/ 2026

WPSS/ 1351/ 2026

Hon’ble Manoj Kumar Tiw ari, J.

Mr. Vinay Kumar, Advocate for the

petitioners.

2. Mr. S.S. Chaudhary, Standing

Counsel for the State of Uttarakhand/

respondents.

3. Since common questions of law and

fact are involved in these petitions,

therefore, they are being heard and

decided together. However, for the sake

of brevity and convenience, facts of

WPSS No. 1333 of 2026 alone are being

considered and discussed.

4. Petitioners participated in a

Selection for appointment against 73

vacancies on the post of Pharmacist.

According to petitioners, they were

selected and recommended for

appointment, however, the Director,

Medical Education is not offering

appointment to them.

5. By means of this writ petition,

petitioners have sought the following

relief:-

“(i) Issue a writ order or direction in the nature of

Mandamus directing the Appointing Authority to issue

offer of Appointment in favour of the Petitioners for

appointment on the post of Pharmacist in the Department

of Medical Education, Uttarakhand as per their merit

position in the Recommendation List dated 17^th January,

2026 (Annexure No. 04 to the writ petition from Page No.

50 to Page No. 56) forwarded by the Selection

Commission inasmuch as the Candidates below the

Petitioners in the Recommendation List dated 17^th

January, 2026 have been Offered appointment on 15^th

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May, 2026 (Annexure No. 13 to the writ petition from

Page No. 79 to Page No. 82), but the names of the

Petitioners have left by the Respondents without any

reason, rational and justification.”

6. Learned counsel for petitioners

submits that against 73 vacancies, which

were advertised, 64 selected persons

were recommended for appointment,

however, the Director, Medical Education

has offered appointment only to 49

candidates. He submits that inaction on

the part of Director, Medical Education in

offering appointment to all recommended

candidates is unjust. He further submits

that the inaction appears to be for

extraneous consideration, as the Director

is under pressure from his political

masters.

7. Learned State Counsel, however,

submits that appointment could not be

offered to all 64 recommended

candidates because of interim order

passed in WPSS Nos. 121 of 2026 and

148 of 2026. He submits that 11 persons

had filed the aforesaid two writ petitions,

however, in the interim order passed in

both the writ petitions, 8 posts each

were directed to be kept vacant.

8. Learned counsel for petitioners,

however, submits that the interim order

passed in WPSS Nos. 121 of 2026 and

148 of 2026 is modified by this Court by

an order of even date, therefore, the

explanation offered by respondents for

not offering appointment to petitioners

does not exist anymore.

9. Learned State Counsel also

concedes that due to modification of the

interim order passed in the aforesaid two

writ petitions, now there is no legal

impediment in issuing appointment

2026:UHC:4146

orders in favour of petitioners.

10. The writ petitions are, accordingly,

disposed of with a direction to the

Director, Medical Education to consider

issuing offer of appointment in favour of

petitioners, as per law, within three

weeks from date of presentation of

certified copy of this order before him.

(Manoj Kumar Tiw ari, J.)

26.05.2026

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