WPSB/206/2022
2022 Latest Caselaw 1293 UK

        IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SHRI RAMESH CHANDRA KHULBE



               WRIT PETITION (S/B) NO. 206 OF 2022

                             25th APRIL, 2022
 Between:

 Jaswant Singh Jyara                                    ......     Petitioner

 And

 Secretary AYUSH & another                              ......Respondents


Counsel for the petitioner           :   Mr. Shivanand       Bhatt,    learned
                                         counsel

Counsel for respondent No. 1         :   Mr. Vikas Pande, learned Standing
                                         Counsel    for   the   State   of
                                         Uttarakhand

Counsel for respondent No. 2         :   Mr. Bhupesh       Kandpal,    learned
                                         counsel



 Upon hearing the learned Counsel, the Court made the
 following


 JUDGMENT:       (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




              Heard learned counsel for the petitioner.


 2)           In this writ petition, the present petitioner has

 prayed for the following reliefs : -


        i)    Issue a writ, order or direction in the nature of

              certiorari quashing the impugned order dated

              31.03.2022, passed by respondent No. 1,
                                  2




              contained as Annexure No. 4 to the writ

              petition.


       ii)    Issue a writ, order or direction in the nature of

              mandamus commanding the respondents to

              complete the selection process of Deputy

              Registrar      which      was       initiated       vide

              advertisement dated 04.01.2022.


       iii)   Issue    any   other    suitable    writ,   order     or

              direction of any nature in favour of the

              petitioner, which this Hon'ble Court may deem

              fit and proper in the circumstances of the

              case.


       iv)    Award the cost of the writ petition in favour of

              the petitioner.


3)            We have perused the orders passed by this

Court, wherein direction has been given to fill up the

post     of   Deputy      Registrar   within     ten   weeks   from

04.07.2018. In the meantime, contempt proceeding has

been initiated, and in the contempt proceeding also,

direction has been given.


4)            The     learned   counsel    for     the    petitioner

submitted that the post of Deputy Registrar is a post to
                             3




be filled by direct recruitment, but there is no such

provision   of   appointment    for   the   post   of   Deputy

Registrar by direct recruitment.


5)          In that view of the matter, we are of the

opinion that the decision of the State Government to fill

up the post of Deputy Registrar by promotion is not

illegal.


6)          Hence, there is no merit in the writ petition.

The same is hereby dismissed being devoid of merit.


7)          There shall be no order as to costs.


                          ____________________________
                          SANJAYA KUMAR MISHRA, A.C.J.


                            ______________________
                           RAMESH CHANDRA KHULBE, J.

Dated: 25th APRIL, 2022 Negi