WPSB/398/2014
2022 Latest Caselaw 473 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. 398 OF 2014

                             2nd MARCH, 2022
 Between:

 Lakhendra Gauthiyal                                    ......     Petitioner

 And

 Uttarakhand Public Service Commission                  ......Respondent


Counsel for the petitioner           :   Mr. Shobhit       Saharia,    learned
                                         counsel

Counsel for the respondent           :   None appears



 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 selection of private

              respondent Beer Singh on the post of Dy. S.P.
                              2




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

            mandamus to declare the petitioner successful

            and selected on the post of Dy. S.P. under the

            Scheduled Caste Category quota.


     iii)   Issue a suitable writ, order or direction which

            this Hon'ble Court may deem fit and proper in

            the circumstances of the case.


     iv)    Award the cost of the petitioner.


3)          It is apparent from the record that the

petitioner, being a Scheduled Caste Category candidate,

participated    in   the   PCS   /   Subordinate    Services

Examination 2010. The petitioner passed out the written

examination, and also faired well in the personality test /

interview, but he was not given appointment on the post

of Deputy Superintendent of Police on medical ground,

as on medical examination, he was found to be knocked

knee.


4)          Having heard the learned counsel for the

petitioner, we are of the opinion that this case involves

complicated question of fact, which can not be gone into

by the court exercising writ jurisdiction, and in the

meanwhile, the petitioner has been selected for public
                             3




service in a different examination.       So keeping in view

the    aforesaid   consequences,   we      do   not   find   it

appropriate to continue the litigation.


5)         Hence, the writ petition is dismissed being

devoid of merit.


6)         There shall be no order as to costs.


                         ____________________________
                         SANJAYA KUMAR MISHRA, A.C.J.


                           ______________________
                          RAMESH CHANDRA KHULBE, J.

Dated: 2nd MARCH, 2022 Negi