WPSB/366/2021
2021 Latest Caselaw 3389 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
       ON THE 1st DAY OF SEPTEMBER, 2021

                     BEFORE:

  HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

                        AND

   HON'BLE SHRI JUSTICE ALOK KUMAR VERMA

   (1) Writ Petition (S/B) No.365 of 2021

BETWEEN:

 Ashutosh Bhatt                    .....Petitioner

AND:

 State of Uttarakhand & Ors.   .....Respondents


   (2) Writ Petition (S/B) No.366 of 2021

BETWEEN:

 Harendra Singh                    .....Petitioner
AND:

 State of Uttarakhand & Ors.    .....Respondents


   (3) Writ Petition (S/B) No.367 of 2021

BETWEEN:

 Amit Kumar Batla                  .....Petitioner

AND:

 State of Uttarakhand & Ors.    .....Respondents

   (4) Writ Petition (S/B) No.368 of 2021

BETWEEN:

 Gulfam Ali Razi                   .....Petitioner

AND:

 State of Uttarakhand & Ors.    .....Respondents
                                  2



      Counsel: Mr. Dushyant Mainali, Advocate for the petitioners
               Mr. Anil K. Bisht, Standing Counsel for the State of
               Uttarakhand/respondent nos.1
               Mr. B.D. Kandpal, Advocate for respondent no.2



This Writ Petition coming on for hearing this day, Hon'ble Shri
Justice Manoj Kumar Tiwari, J. delivered the following Judgment:



                        JUDGEMENT

Heard learned counsel for the parties.

2. Since common question of law and facts are involved in these contempt petitions, therefore are being taken up together and are being adjudicated by this common judgment. For sake of convenience, facts of WPMS No.367 of 2021 are being taken into consideration.

3. 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 and directing the respondent no.1 and 2 to grant relaxation to the petitioner in the upper age limit criteria upto five additional years than the maximum prescribed in the impugned advertisement dated 10.08.2021 issued by respondent no.2 for the Uttarakhand Combined Civil/Upper Subordinate Services Examination 2021 (PCS Examination).

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.1 and 2 to permit the petitioner to avail additional attempt(s) to participate in the Uttarakhand Combined Civil/Upper Subordinate Services Examination (PCS Examination) after adaptation of CSAT (Civil Services Aptitude Test) pattern for Uttarakhand Combined Civil/Upper Subordinate Services Examination 2021 (PCS Examination).

4. According to the petitioner, last Uttarakhand Combined Civil/Upper Subordinate Services Examination was held in State of Uttarakhand in the year 2016 and after a gap of 05 years, next examination is scheduled to be held in the month of October, 2021. According to the petitioner, due to this delay in holding the aforesaid examination, many candidates including the petitioner, have become overage. Therefore, petitioner wants the upper age limit for applying for the said examination to be relaxed. He also wants an extra attempt on the ground that after adoption of CSAT Examination, no extra attempt is being given to the candidates, aspiring to join State Services in Uttarakhand while such extra attempt was given by Union Public Service Commission for appointment in Central Services.

5. Mr. B.D. Kandpal, learned counsel appearing for respondent no.2 has apprised the

Court that the representation made by the petitioner for relaxation of upper age limit and also for providing extra attempt, on account of adoption of CSAT Examination, has been forwarded to the concerned department of the State Government on 25.09.2020.

6. Since petitioners have sought a writ of mandamus for which they has also made a demand to the Competent Authority, therefore this Court thinks that ends of justice would be met if Competent Authority (Principal Secretary, Department of Personnel, Government of Uttarakhand) is directed to take decision on petitioners' representation.

7. Accordingly, writ petitions are disposed of with a direction to the Principal Secretary, Department of Personnel, Government of Uttarakhand to take decision on petitioners' representation (Annexure-9 to the writ petition) as early as possible but not later than two weeks from the date of production of certified copy of this order along with copy of representation.

(MANOJ KUMAR TIWARI, J.)

(ALOK KUMAR VERMA, J.)

Rajni