Uttarakhand High Court
WPSS/317/2022 on 24 February, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 24TH DAY OF FEBRUARY, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (S/S) No. 317 of 2022
BETWEEN:
Manjeet Panwar and others ...Petitioners
(By Mr. Abhijay Negi, Advocate)
AND:
Uttarakhand Subordinate Service
Selection Commission, through
its Secretary and others ...Respondents
(By Mr. Pankaj Purohit, Advocate for respondent no.1 and Mr. Pradeep
Hairiya, Standing Counsel for the State/respondent nos. 2 and 3.)
JUDGMENT
Petitioners participated in a selection for
the post of Forester. Written examination was held
online in various examination Centres within State
of Uttarakhand between 16.07.2021 to
25.07.2021. Result of the selection has been
declared on 08.01.2022.
2. According to the petitioners, there are a
number of discrepancies in the process of
selection, which need to be rectified before
appointments are made. Learned counsel for the
petitioners submits that 18 set of questions
papers, each consisting of 100 questions, was
prepared and given to examinees on various dates
at different examination centres, however as many
as 332 questions were subsequently deleted after
holding examination, on the recommendation of
some committee. This according to the petitioners
has resulted in serious anomaly, inasmuch as in
case of some candidates, less number of questions
were deleted, while in case of others, more
questions were deleted, resulting in grant of
uneven grace marks to candidates depending upon
number of deleted questions in the question
papers. Various other issues have been raised in
the writ petition.
3. Mr. Pankaj Purohit, Advocate for
Uttarakhand Subordinate Service Selection
Commission (respondent no.1) however submits
that selection has been done strictly as per settled
norms and same marks have been awarded to the
candidates for each deleted question, therefore
according to him, no prejudice is caused to anyone
including the petitioners. He further submits that
method of normalization has also been applied as
per laid down formula, therefore, the grievance
raised by petitioners is without any substance. He
further submits that although, final result was
declared, however recommendation for
appointment has not been made to the Forest
Department. Whether the selecting body was
justified in deleting certain questions from the
paper and whether such deletion caused prejudice
to the petitioners, if yes, to what extent, are
issues which cannot appropriately be decided in a
writ petition. It is reported that there were more
than 50,000 candidates in the selection, therefore
any interference by this Court in the matter will
adversely affect other candidates who are not
before this Court. Thus this Court thinks it just and
proper that the selecting body be permitted to
reconsider the matter.
4. Having regard to the facts and
circumstances of the case, the writ petition is
disposed of with liberty to the ten persons, who
have filed this writ petition, to submit a joint
representation to the Secretary, Uttarakhand
Subordinate Service Selection Commission, for
redressal of their grievance. If petitioners make
such representation within one week from today,
the Secretary, Uttarakhand Subordinate Service
Selection Commission shall look into the matter
and take appropriate decision as per law as early
as possible, but not later than eight weeks. For
eight weeks or till decision on petitioner's
representation, whichever is earlier, appointment
on the post of Forester shall not be made.
(MANOJ KUMAR TIWARI, J.)
Shubham
