Uttarakhand High Court
4Th November vs State Of Uttarakhand & Another on 14 November, 2024
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
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IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON'BLE SRI JUSTICE VIVEK BHARTI SHARMA
WRIT PETITION (S/B) NO. 704 OF 2024
14TH NOVEMBER, 2024
Himanshu Tomar ...... Petitioner
Versus
State of Uttarakhand & another ...... Respondents
Counsel for the petitioner : Mr. K.P. Upadhyay, learned Senior
Counsel assisted by Mr. Yogesh Pant,
learned counsel
Counsel for the respondents : Mr. K.N. Joshi, learned Deputy
Advocate General for the State
: Mr. Navnish Negi, learned counsel for
respondent No. 2
The Court made the following:
JUDGMENT:
(per Hon'ble The Acting Chief Justice Sri Manoj Kumar Tiwari)
By means of this writ petition, petitioner has
sought the following reliefs :
"(i) To pass appropriate writ, order or direction
in the nature of certiorari to quash the impugned
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notification issued by the respondent no. 2 on
04.11.2024 (contained as Annexure No. 3) whereby
syllabus for final examination, in respect of Hindi
stream aspirants, has been revised just 11 days prior
to the final examination; along with writ order or
direction in the nature of mandamus directing the
respondent no. 2 not to include questions in the main
examination from the topics added by way of
notification dated 04.11.2024.
(ii) In alternate a writ, order or direction in
nature of mandamus directing the respondents to
postpone the date of examination for at least two
months to enable the Hindi stream aspirants to
prepare newly added topics in the syllabus of final
examination."
2) Petitioner responded to an advertisement issued
by the Uttarakhand Public Service Commission on
14.03.2024. By the said advertisement, applications were
invited from eligible persons for appointment on various
Group 'B' and Group 'C' posts under the State. The
selection process is of three stages, consisting a
preliminary examination followed by the mains
examination, and thereafter interview. Petitioner has
qualified the preliminary examination. Now, mains
examination is scheduled to be held from 16.11.2024.
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3) Grievance raised by the petitioner is that
syllabus for candidates who have chosen Hindi as a
medium for final examination has undergone a change
vide Notification dated 04.11.2024. Petitioner contends
that the manner in which new topics have been added in
the syllabus for Hindi medium candidates will mar their
chance of success as they cannot be expected, twelve
days before mains exam, to get ready with the new topics
/ subjects within less than two weeks, before mains exam
and this is an indirect method of giving benefit to
candidates who have chosen English as medium of
examination.
4) Learned counsel appearing for Uttarakhand
Public Service Commission, however, submits that topics
which have now been added in the syllabus for Hindi
medium candidates were already there in the syllabus for
candidates who had chosen English as medium of
examination, and the impugned notification dated
04.11.2024 was issued to bring about parity in English
and Hindi version of the syllabus and there is in fact no
change in syllabus for any candidate.
5) Learned Senior counsel appearing on behalf of
petitioner contended that since petitioner chose Hindi as a
medium of examination, therefore, he did not refer to the
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English version of the syllabus, by treating the Hindi
version as encompassing whole of syllabus, therefore,
topics which have now been included in Hindi version of
the syllabus were not prepared by him, and also by other
similarly situated persons. Thus, he submits that Hindi
medium candidates are being taken by surprise by adding
new topics in the syllabus soon before the final
examination, and since there is fierce competition in the
mains examination in which about 3000 candidates would
be competing for 189 posts, a small difference in marks,
even by a small fraction, would change the result of
candidates. Thus, he submits that inclusion of new topics
in Hindi version of the syllabus for final examination would
be unjust and unfair for candidates who chose Hindi as
medium for examination.
6) Mr. Navnish Negi, learned counsel appearing for
the Uttarakhand Public Service Commission, was given
time to get instructions in the matter. On instructions, he
submits that with a view to give reasonable time to
candidates who have chosen Hindi as a medium for mains
examination, the Commission has taken a considered
decision to defer the date fixed for holding mains
examination by minimum fifteen days time so that Hindi
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medium candidates may prepare the new topics as per the
revised syllabus impugned in the writ petition.
7) The offer made by Mr. Negi on behalf of
Uttarakhand Public Service Commission appears to be
reasonable. Since petitioner's grievance is that he has no
time left to prepare the topics included in the syllabus by
the impugned notification, therefore, he would be getting
minimum fifteen days additional time for preparing the
new topics added in Hindi version of the syllabus, for final
examination.
8) We, accordingly, dispose of the writ petition by
taking statement made by Mr. Navnish Negi, Advocate, on
record. However, petitioner shall be at liberty to
represent before Uttarakhand Public Service Commission
for seeking further time, if so advised.
__________________________
MANOJ KUMAR TIWARI, A.C.J.
___________________
VIVEK BHARTI SHARMA, J.
Dt: 14TH NOVEMBER, 2024
Negi
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Date: 2024.11.20 18:33:55
+05'30'
2024:UHC:8502-DB
