Uttarakhand High Court
WPSS/107/2022 on 14 January, 2022
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.107 of 2022
Hon'ble Sharad Kumar Sharma, J.
(Through Video Conferencing)
Mr. B.M. Pingal, Advocate with Mr.
Bhuwnesh Joshi, Advocate for the petitioner.
Mr. N.S. Pundir, Deputy Advocate General
for the State of Uttarakhand/respondent nos.1 & 2.
Mr. Shankar Agarwal, Advocate holding
brief of Mr. Ramji Shrivastava, Advocate for
respondent no.3.
The petitioner has come up with case, in the
present writ petition, that in pursuance to the
process of recruitment which was resorted to by the
respondents, she was declared as to be successful in
the recruitment exercise which was conducted by
Uttarakhand Medical Service Selection Board and
was selected to be recruited on the post of Tutor
(Nursing), in a process of selection which was
completed in pursuance to the Advertisement of
05.04.2021.
On account of the fact, that there was an
inter-se dispute between the brother and sister-in-
law of the petitioner and an FIR was registered
being FIR No.04 of 2020, in relation to the
commission of offence alleging to be falling under
Section 498-A, 504 I.P.C. to be read with Section
3/4 of Dowry Prohibition Act registered at P.S.
Almora, District Almora, in which the petitioner's
name also figured in the FIR, she has been deprived
to be considered for appointment despite of having
being selected.
There are various criminal proceedings
which are already pending consideration, but this
Court precautionally is not making any observation
with regards to the set of allegations, which are still
subject matter of trial in the criminal cases.
Petitioner contends that her candidature may
not be ousted or rendered non suited to be
considered, merely because of the pendency of the
criminal proceedings and hence, she has
represented before the respondents on 31.12.2021
putting all the facts which were required, to
consider her to be appointed based on her selection
made by the respondents on 19.08.2021.
This writ petition is being disposed of with a
direction to the respondent nos.2 and 3, to take a
decision on the representation which has been
preferred by the petitioner, with regards to her
prayer to enable her to join as Tutor (Nursing) in
pursuance to her selection made on 19.08.2021 and
while taking a decision on the representation of the
petitioner, the pendency of the criminal proceedings
may not be specifically taken as to be creating any
bar at this stage to deprive the petitioner to join her
services, as a consequence of the decision to be
taken on the representation.
But however, her joining into the services, if
at all, it is done in pursuance to the decision taken
on the representation of the petitioner, that will
obviously abide by the judgment to be rendered in
criminal proceedings by the competent courts.
It is expected that respondent nos.2 & 3 will
take a decision on the representation of the
petitioner at the earliest, and at the most within a
period of four weeks from the date of presentation
of the certified copy of this judgment.
Subject to the aforesaid observations, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
14.01.2022
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