Uttarakhand High Court
WPSB/575/2022 on 30 September, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE R.C. KHULBE
30TH SEPTEMBER, 2022
WRIT PETITION (S/B) No. 575 OF 2022
Between:
Abhilasha Rani.
...Petitioner
and
Uttarakhand Public Service Commission.
...Respondent
Counsel for the petitioner. : Mr. Niranjan Bhatt, the learned
counsel.
Counsel for the respondent. : Mr. Ashish Joshi, the learned counsel.
JUDGMENT : (per Sri Vipin Sanghi, C.J.)
The petitioner has preferred the present Writ
Petition to seek a direction to the respondent to permit
her to deposit online, or offline fee for the Mains
Examination, so that she is able to appear in the
Uttarakhand Combined State Civil/Upper Subordinate
Service Examination, 2021.
2. The admitted position is that the petitioner
secured 80.9935 marks in the preliminary examination.
The first result of the said preliminary examination was
declared on 26.05.2022, wherein the petitioner was not
shown as qualified. The additional result was advertised
by the respondent on 30.05.2022, wherein the petitioner
was shown as qualified in the preliminary examination.
3. On 03.06.2022, a newspaper publication was
made by the respondents informing all successful
candidates to deposit the fee between 04.06.2022 to
18.06.2022. The petitioner, however, did not make the
said deposit. The portal for making payment of fee was
again opened for all candidates on 10.08.2022, and once
again SMS messages were sent to the candidates,
including the petitioner, on two occasions. Inspite of the
same, the petitioner did not deposit the fee.
4. On account of certain petitions being filed, and
orders being passed therein by this Court, the
respondent-Commission was required to again publish
the results. Accordingly, results have now been
published on 22.09.2022. In addition to the earlier
declared successful candidates, several other candidates
have now been shown as qualified to undertake the
mains examination. Obviously, in respect of those
candidates, who have now been declared as qualified, the
payment portal for depositing fee is being opened. The
petitioner has now approached this Court stating that
she, too, should be permitted to deposit her fee, along
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with the candidates, who have now been declared as
qualified for the mains examination.
5. We do not find any merit in this Writ Petition.
The petitioner has been given ample opportunity to
deposit the fee. She could deposit the fee, firstly,
between 04.06.2022 to 18.06.2022. Not only newspaper
publication was made about the same, but she was also
intimated through SMS on her registered Mobile Number.
She was again granted an opportunity in August, 2022,
when a public notice was issued, and she was also sent
two SMS messages regarding the same. However, she
did not make the deposit. Her plea, that she was not
aware that she was qualified, cannot be accepted in this
background.
6. To permit the petitioner to now deposit the fee
would open floodgates, as there would be any number of
other candidates, who may have not deposited the fee for
the mains examination. It would also be discriminatory
to those, who may not have deposited the fee earlier, and
are, therefore, out of the race.
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7. We, therefore, do not find any merit in the
present Writ Petition. The same is, accordingly,
dismissed.
8. In sequel thereto, pending application, if any,
also stands disposed of.
________________
VIPIN SANGHI, C.J.
_____________
R.C. KHULBE, J.
Dt: 30th September, 2022
Rahul
