WPSB/247/2021
2021 Latest Caselaw 2359 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                             AND
         THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


            WRIT PETITION (S/B) No. 247 of 2021


                               12TH JULY, 2021


Between:

Abhishek Yadav.
                                                                     ...Petitioner

and


State of Uttarakhand and others.

                                                                ...Respondents

Counsel for the petitioner.       :   Mr. Vinay Kumar, the learned counsel.

Counsel for the respondents.      :   Mr. A.K. Bisht, the learned Additional Chief
                                      Standing Counsel for the State of
                                      Uttarakhand.




The Court made the following :


JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)


              Mr.      Abhishek        Yadav,        the     petitioner,        has

challenged the legality of the Advertisement No. 01/2021

issued by the Uttarakhand Biotechnology Council, whereby

the Council has invited applications for appointment on the

post of Scientist Category 'B' (Engineering).
 2.          Admittedly, according to the learned counsel for

the petitioner, the petitioner has never applied for the said

post.    Yet, the petitioner has approached this Court for

quashing the said advertisement, and for directing the

respondent no. 2 to re-advertise the said posts.


3.          In these circumstances, this Court has asked the

learned counsel for the petitioner to explain the locus standi

of the petitioner.     The learned counsel submits that the

petitioner fulfills the eligibility requirement for the said post.

But the learned counsel frankly admits that despite having

the requisite eligibility, the petitioner has not applied for the

said post.    He further submits that this is not a Public

Interest Litigation being filed by the petitioner.



4.          Since the petitioner is not adversely affected by

the     impugned      advertisement,    since    his    civil     and

fundamental rights are not adversely affected by the said

advertisement,       the   present    Writ   Petition   is      highly

misplaced.     For, the petitioner does not even have the

requisite    locus     standi   for    challenging      the       said

advertisement.




                                2
 5.         For the reasons stated above, this Writ Petition is,

hereby, dismissed with a cost of Rs. 5,000/- (Rupees Five

Thousand Only).       The said amount shall be paid by the

petitioner to the Uttarakhand High Court Advocates Welfare

Fund, and the proof of payment of the said amount shall be

submitted before the Registry within a period of two weeks.




                      _____________________________
                      RAGHVENDRA SINGH CHAUHAN, C.J.



                                   ___________________
                                   ALOK KUMAR VERMA, J.

Dt: 12th JULY, 2021 Rahul