WPMS/2091/2020
2021 Latest Caselaw 67 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
   ON THE 7TH DAY OF JANUARY, 2021
                       BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


   Writ Petition (M/S) No. 2091 of 2020

BETWEEN:
   Anuj Kumar Mishra (Male) aged about 44
   years     S/o      Sri     Prem      Dutt     Mishra      R/o
   Lakhanpur,         Shanti         Kunj,     Gali    No.    2,
   Ramnagar, District Nainital.
                                                 ....Petitioner
AND:
 1. State    of     Uttarakhand        through        Secretary,
    Forest Secretariat, Dehradun.
 2. Director, Corbett Tiger Reserve, Ramnagar
    District Nainital.
 3. Deputy        Director,     Corbett      Tiger     Reserve,
    Ramnagar, District Nainital.
                                                .....Respondents
                              with
   Writ Petition (M/S) No. 2096 of 2020

BETWEEN:
   Mahendra Singh Panwar (Male) aged about 38
   years    S/o      Sri    Khim       Singh     Panwar      R/o
   Pampapur, Ramnagar, District Nainital.
                                                 ....Petitioner
                                2

AND:
 1. State    of     Uttarakhand        through      Secretary,
    Forest Secretariat, Dehradun.
 2. Director, Corbett Tiger Reserve, Ramnagar
    District Nainital.
 3. Deputy        Director,     Corbett     Tiger     Reserve,
    Ramnagar, District Nainital.
                                              .....Respondents
                              with
   Writ Petition (M/S) No. 2097 of 2020

BETWEEN:
   Manoj Sati (Male) aged about 40 years S/o Sri
   Mathura Dutt Sati R/o Bhatt Colony, Village
   Chorpani, Ramnagar, District Nainital.
                                                 ....Petitioner
   (By   Shri     Dushyant      Mainali,   Advocate    for   the
   petitioners)



AND:
 1. State    of     Uttarakhand        through      Secretary,
    Forest Secretariat, Dehradun.
 2. Director, Corbett Tiger Reserve, Ramnagar
    District Nainital.
 3. Deputy        Director,     Corbett     Tiger     Reserve,
    Ramnagar, District Nainital.
                                              .....Respondents
   (By Shri V.D. Bisen, Brief Holder for the State of
   Uttarakhand)
                                3

                        ORDER

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for the sake of clarity, facts of WPMS No. 2091 of 2020 are being considered.

2. According to the petitioner, he has successfully completed Nature Guide Training, therefore, preference has to be given to him for registration as Nature Guide in Corbett Tiger Reserve.

3. By means of this writ petition, petitioner has sought following reliefs:-

"i. Issue a writ, order or direction in the nature of mandamus directing the respondents to provide weightage to the petitioner for his State Level Nature Guide Training Course and related qualification and to provide registration to the petitioner as Nature Guide in Corbett Tiger Reserve.

ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to declare the result of the weightage marks given to the petitioner for State Level Nature Guide Training and related qualification in the registration process of Nature Guide Training in Corbett Tiger Reserve."

4. A counter affidavit has been filed by Shri Rahul, Director, Corbett Tiger Reserve. In para 3(B) of the counter affidavit, it has been stated that petitioner has not undergone State Level Nature Guide Training; but, the fact of the matter is that he has obtained a certificate of Tourism Guide.

5. Since petitioner had not undertaken Nature Guide Course, therefore, the claim staked by the petitioner, for registration as Nature Guide, is misconceived.

6. Accordingly, writ petitions fail and are dismissed.

(MANOJ KUMAR TIWARI, J.) Navin