Uttarakhand High Court
WPSB/338/2021 on 23 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 23RD DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE ALOK KUMAR VERMA
Writ Petition (S/B) No. 338 of 2021
BETWEEN:
Rajeev Muyal. ....Petitioner
(By Mr. Abhijay Negi, Advocate)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. B.P.S. Mer, Brief Holder for the State/respondent no. 1, Mr.
N.S. Pundir, Advocate for respondent no. 2 & Dr. Kartikey Hari Gupta,
Advocate for respondent no. 3)
This Writ Petition coming on for hearing this day,
Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
following Judgment:
JUDGEMENT
Petitioner is a student of 6th semester of
LL.B. Course in Libra College of Law, which is
affiliated to Hemwati Nandan Bahuguna, Garhwal
University.
2. By means of this writ petition, petitioner
has sought the following reliefs:-
"I. Issue a writ, order, or direction in the
nature of Mandamus, commanding the
respondents to permit the petitioner to appear
for the APO (Assistant Prosecution Officer)
examinations notified vide advertisement no.
A-1/E-2/APO/2021 dated 03.08.2021
(Annexure No. 02).
II. Issue a writ order or direction in nature
mandamus allowing relaxation of submitting
his last three semester results, that have been
delayed by HNBGU, due to the ongoing Covid-
19 pandemic and to allow the Petitioner to
submit the required documents at the time of
document verification."
3. Admittedly, petitioner has not completed
his LL.B. Course and he is yet to appear in the
final semester examination, which is scheduled to
commence from 01.09.2021 and will continue till
14.09.2021.
4. Petitioner wants extension of last date of
submission of application for competitive
examination for appointment to the post of
Assistant Prosecuting Officer.
5. In sequel to the order dated
17.08.2021, Mr. Kamlendra Singh, Secretary,
Uttarakhand Public Service Commission has joined
the Court through video conferencing. He has
made a statement that in view of the difficulty
faced by some of the candidates, the Commission
has decided to extend the last date for submission
of application for the post of Assistant Prosecuting
Officer, by another ten days and, notification in
that regard is likely to be issued today itself.
Thus, according to him, the last date for
submission of application would now be
02.09.2021 in place of 23.08.2021, earlier fixed in
the advertisement.
6. Admittedly, petitioner does not possess
the basic educational qualification for the post of
Assistant Prosecuting Officer. A candidate becomes
eligible for appointment only upon award of LL.B.
degree, while, petitioner is yet to appear in the
final semester examination of LL.B. Course,
therefore, the relief as claimed in the writ petition
cannot be granted.
7. Having regard to the statement made by
Secretary, Uttarakhand Public Service
Commission, the writ petition stands disposed of.
No order as to costs.
(MANOJ KUMAR TIWARI, J.)
(ALOK KUMAR VERMA, J.)
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