Uttarakhand High Court
WPSB/504/2022 on 30 August, 2022
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
WPSB No.504 of 2022
Shri Vipin Sanghi, C.J.
Shri Ramesh Chandra Khulbe, J.
Ms. Pallavi Bahuguna, Ms. Irum Zeba and
Mr. Rafat Munir, learned counsel for the
petitioner.
Mr. S.N. Babulkar, leaned Advocate
General with Mr. C.S. Rawat, learned Chief
Standing Counsel for the State.
Mr. Ashish Joshi, learned counsel for
respondent no.2/UKPSC.
Issue notices.
Mr. C.S. Rawat, learned Chief Standing
Counsel accepts notice on behalf of
respondent no.1 and Mr. Ashish Joshi,
learned counsel accepts notice on behalf of
respondent no.2.
The petitioner has preferred the present
writ-petition primarily to assail the
reservation granted by the respondent-State
vide orders dated 18.07.2001 and
24.07.2006 only to women of Uttarakhand in
the matter of public employment in the State.
The submission is that though
reservation for women is permissible under
the Constitutional scheme in respect of public
employment, reservation only for women of
Uttarakhand is not permissible.
Learned counsel for the petitioner has
placed reliance on our detailed order dated
24.08.2022 passed in WPSB No.492 of 2022
and WPSB No.355 of 2022 wherein we have,
prima facie, examined the issue and returned
a finding that reservation for women in the
matter of public employment could not be
limited only for women of Uttarakhand.
Mr. S.N. Babulkar, learned Advocate
General has sought to place reliance on
judgment of Hon'ble Supreme Court in
"Government of A.P. v. P.B. Vijayakumar
and another" (1995) 4 SCC 520.
We find that this decision is of no avail
and does not deal with the issue in question.
This was the case wherein the
Government of Andhra Pradesh introduced
rule 22(A) in the Andhra Pradesh State and
Subordinate Service Rules under the proviso
to Article 309 of the Constitution of India to
provide for preference to women and also to
provide that in the matter of direct
recruitment posts for which women and men
are equally suited, other things being equal,
preference shall be given to women and they
shall be selected to the extent of at least
30% of the posts in each category of O.B.C,
B.C.,S.C and S.T. quota. In the matter of
direct recruitment to posts which are
reserved, exclusively for being filled by
women, they shall be filled by women only.
Thus the issue in the said case was not to
grant reservation for women of a particular
domicile or those who reside in a particular
region or State. The said decision is,
therefore, of no avail to the respondents.
In the light of our order in WPSB No.492
of 2022, we direct the respondents to re-
issue cut off marks for the Uttarakhand
Combined Civil Services Examination-2021
for the women candidates without there
being a separate cut off of marks for
unreserved Uttarakhand Mahila (candidates),
and to revise the merit list, on the basis of
which, the mains examination be conducted.
Counter affidavit be filed within four
weeks. Rejoinder affidavit be filed before the
next date.
List the matter on 11.10.2022 along with
WPSB No.492 of 2022.
(R.C. Khulbe, J.) (Vipin Sanghi, C.J.)
30.08.2022
SS/RB
