Once a legal impediment (such as an interim court order) preventing the appointment of recommended candidates is removed or modified, the appointing authority must proceed to consider the appointments as per law.

Office Notes,

reports, orders

or proceedings

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 17th 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 17th January, 2026 have been Offered appointment on 15th 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 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.