SPA/344/2023
2023 Latest Caselaw 3085 UK

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL


                 SPECIAL APPEAL NO. 344 OF 2023


                        11TH OCTOBER, 2023


National Education Society for
Tribal Students NESTS & another ......                    Appellants


Verses


Devesh Panwar and others           ......               Respondents


Counsel for the appellants    :   Mr. Arvind Vashistha, learned
                                  Senior Counsel assisted by Mr.
                                  Ketan Joshi, learned counsel

Counsel for the respondents   :   Mr. Ramji Srivastava, learned
                                  counsel for respondent Nos. 1 & 2

                              : Mr. C.S. Rawat, learned counsel for
                                respondent Nos. 3 and 5

                              :   Mr. B.S. Parihar, learned Standing
                                  Counsel for respondent No. 4


The Court made the following:

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


             Issue notice.


2)           Counsels appear and accept notice on behalf of

the respondents.


3)           The present special appeal is directed against the

order passed by the learned Single Judge in Writ Petition

(S/S) No. 1680 of 2023, on 12.09.2023.
                               2



4)         We had occasion to deal with a couple of other

Special Appeals arising from identical orders, being Special

Appeal No. 331 of 2023, and Special Appeal No. 334 of 2023,

arising out of orders dated 12.09.2023, passed in Writ

Petition (S/S) No. 1414 of 2023, and Writ Petition (S/S) No.

1427 of 2023, respectively.


5)          After hearing the learned counsels, we disposed

of the special appeals, vacating the interim reliefs granted to

the writ petitioners in the writ petitions in relation to the

entire selection process, while making it clear that the NESTS

shall remain bound by their stand in paragraph 14 of their

counter-affidavit.


6)         Mr. Ramji Srivastava points out that, in the

present case, the counter-affidavit was filed after the passing

of the impugned order. However, the same stand has been

taken by the NESTS in their counter-affidavit.


7)         In the light of the aforesaid, we dispose of the

present appeal in terms of the order dated 26.09.2023,

passed in Special Appeal Nos. 331 of 2023 and 334 of 2023.




                                        ________________
                                        VIPIN SANGHI, C.J.



                                    _________________
                                    RAKESH THAPLIYAL, J.

Dt: 11TH OCTOBER, 2023 Negi