SPA/239/2023
2023 Latest Caselaw 1935 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                                          AND

                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                      SPECIAL APPEAL NO. 239 OF 2023

                               25TH JULY, 2023

BETWEEN:
Uttarakhand Subordinate Service Selection Commission
                                                                       .....Appellant.
And

State of Uttarakhand & others                                       ....Respondents.

Counsel for the Appellant : Mr. C.K. Sharma, learned counsel.

Counsel for the State : Ms. Mamta Bisht, learned Deputy Advocate General.

Counsel for the Respondent No.4 : Mr. Ajit Warrier and Mr. Kurban Ali, learned counsels.

Counsel for the Respondent No.5 : Mr. Vinay Kumar, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

We have heard learned counsels for the parties,

and perused the impugned order.

2. The impugned order has been passed in the writ

petition preferred by respondent nos.5 and 6, being Writ

Petition (S/S) No.702 of 2023. The said respondents/ writ

petitioners had challenged the cancellation of the entire

examination process, initiated by the Uttarakhand

Subordinate Service Selection Commission (for short "the

Commission") for recruitment to the post of Foresters. The

entire recruitment process was cancelled by the appellant-

Commission on the ground that there were large scale

irregularities found in the said recruitment process. The

examination process was an online examination; undertaken

by about 53,000 candidates. The cancellation was founded

upon the report of the National Stock Exchange for

Information and Technology (for short 'the NSEIT').

3. The learned Single Judge, prima facie, found merit

in the case of the respondents/ writ petitioners, and

consequently, stayed the conclusion of the fresh examination

process under the same recruitment process.

4. We are of the considered view that, even if, the

learned Single Judge, prima facie, found merit in the case of

the petitioners, staying the conclusion of the fresh

examination process was not called for, and the rights of the

petitioners could have been protected by directing that the

conclusion of the fresh examination process would be subject

to the outcome of the writ petition, and the participation of

the writ petitioners in the fresh examination process would be

without prejudice to their rights and contentions.

5. In the present writ petition, there were only two

writ petitioners. Mr. Kumar submits that there were other

similar petitions filed. However, even if all such petitions are

put together, they add upto only about, may be 15-20

individuals. The number of posts advertised were 316, and

thousands of candidates are looking to get selected in the

process.

6. That being the position, merely because a handful

of persons approached the Court, in our view, was not the

sufficient reason to stay conclusion of the fresh examination

process.

7. We, therefore, vacate the stay granted by the

learned Single Judge by the impugned order dated

22.06.2023, and permit the appellant to conclude the

selection process, in pursuance of the second examination,

which has been held. The same shall, however, be subject to

the final decision in the writ petition, and the participation of

the writ petitioners, or any of the other candidates, who may

have challenged the cancellation of the earlier examination,

would be without prejudice to their rights and contentions.

8. We are informed that the writ petition is now listed

before the learned Single Judge on 27.07.2023. We request

the learned Single Judge to endeavour to take up the writ

petition for hearing on the next date.

9. The special appeal stands disposed of in the

aforesaid terms.

10. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 25th July, 2023 NISHANT