WPSB/427/2022
2022 Latest Caselaw 2324 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

27th JULY, 2022 WRIT PETITION (S/B) No. 427 OF 2022

Between:

Mamta Devi                                                       .......Petitioner

and


State of Uttarakhand and others.                               ....Respondents


Counsel for the petitioner           :    Mr. Mahavir Kohli, learned counsel.

Counsel for the respondents          :    Mr. Vikas Pandey, learned Standing
                                          Counsel for the State of Uttarakhand /
                                          respondent No.1.
                                          Mr. Ashish Joshi, learned counsel for
                                          Uttarakhand        Public      Service
                                          Commission.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The petitioner has preferred the present writ

petition to seek a direction to respondent Nos. 2 and 3 to

permit the petitioner to submit the fee for main

examination, and for issuance of the admit-card in favour of

the petitioner.

2. The petitioner had participated in the Uttarakhand

Combined State Civil / Upper Subordinate Services

(Preliminary) Examination-2021 in response to the

advertisement dated 10.08.2021 issued by the respondent- Uttarakhand Public Service Commission inviting applications

to fill-up various posts. Her case is that she has secured

marks more than the cut-off marks fixed by the

respondents. She was interested in offering her candidature

for the post of Assistant Director (Sanskrit Education

Department), for which forty-one vacancies were

advertised. The case of the petitioner is that after the

preliminary examination, on 03.06.2021, the respondent-

Commission issued advertisement calling upon the

successful candidates for submitting fee for final / main

examination. The fee could be deposited for the main

examination between 04.06.2022 to 18.06.2022. Further

case of the petitioner is that on 30.05.2022, the petitioner

was appointed as an Observer for SSE(X)/SSCE (XII) Term-

II Board Examination 2021-22 to be held at Hermitage

Academy, Kotdwar from 30.05.2022 till 07.06.2022. After

she rendered her service for the said assignment, she

became very unwell and was suffering from frequent

vomiting, pain in abdomen, loose stool, bodyache, blurring

of vision, etc., and she had to rush to Government Health

Centre, Satpuri, Pauri Garhwal on 08.06.2022. After

keeping the petitioner under observation, she was referred

to higher health centre for proper investigation and

medication on 14.06.2022. Between 15.06.2022 to

19.06.2022, the petitioner was admitted at the Hans

Foundation General Hospital, Satpuli, Pauri Garhwal. Despite

treating the petitioner at the said Hospital, the health of the

petitioner could not improve. She, thereafter, proceeded to

Dehradun on 24.06.2022. She visited Doctor V.S. Chauhan

(Diagnostic) at Gandhi Shatabdi Coronation Hospital at

Dehradun, where she was advised to undergo several

pathological and radiological tests. After recovering from

her illness, when she returned to her home, she was

dismayed to learn that the time for deposit of fee for the

final examination was already over on 18.06.2022.

3. In the aforesaid background, the petitioner has

preferred the present writ petition.

4. Mr. Ashish Joshi, the learned counsel for the

Uttarakhand Public Service Commission, had sought time

when the matter was listed yesterday. Since we asked him,

whether the petitioner could be permitted to deposit fee to

participate in the main examination, which is scheduled to

be held in between 20th August, 2022 and 23rd August,

2022, the learned counsel for the Commission, states that

all arrangements for conduct of the said main examination

are already over. Even the question-papers have been sent

for publication, and the examination centres of the

candidates, who had qualified in the preliminary-

examination, have already been fixed. He submits that the

respondents may be able to accommodate the petitioner,

who has approached this Court. However, he submits that

there are 295 such cases, where the candidates, who

qualified in the preliminary examination, did not deposit

their fee for the main examination. He further submits that

it may not be possible for the respondents to, at this stage,

accommodate all such candidates, even if they were to

approach for similar relief.

5. Keeping in view the facts of the present case,

which are evident from the documents placed on record by

the petitioner, from which it is evident that the petitioner

was, indeed, taken unwell and was undergoing her

treatment at the relevant point of time, as also, the fact that

the respondent-Commission can accommodate the

petitioner at this stage, we dispose of this petition by

directing the respondent-Commission to permit the

petitioner to deposit the fee within one day from today. If

the petitioner deposits the same, her candidature for the

main examination shall be considered, and she shall be

issued the admit-card.

6. We, however, make it clear that in the light of the

aforesaid facts and circumstances, this order shall not

constitute a binding precedent.

7. Let certified copy of this order be issued to the

parties, on payment of the prescribed charges, today itself.

8. In sequel thereto, pending application, if any,

stands disposed of.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 27th July, 2022 Rathour