Sanjay Singh Koranga vs State Of Uttarakhand And Another
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Uttarakhand High Court

Sanjay Singh Koranga vs State Of Uttarakhand And Another on 3 September, 2024

                                                              2024:UHC:6329-DB

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
             HON'BLE SRI JUSTICE RAKESH THAPLIYAL


         WRIT PETITION (PIL) No.146 OF 2024

Sanjay Singh Koranga                                             ...Petitioner
                                    Versus

State of Uttarakhand and another                               ...Respondent

Counsel for the petitioner              :   Mr. M.C. Pant.

Counsel for the State/1                 :   Mr. B.S. Parihar, Ms. Rajni Supyal.

Counsel for the respondent no.2             Mr. Ramji Shrivastava.




JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

This PIL is challenging the selection process of the post of Lab Technician on the ground that the question papers of the practice period and 85% questions of this selection process were same. However, the perusal of the order passed by the learned Single Judge at Annexure no.8, page 160 of the writ petition, shows that some of the candidates had approached this Court by filing a writ petition being WPSS No.113 of 2024, and they had withdrawn the said writ petition, as they were seeking the directions to the respondents to declare the result of this examination. Pursuant to the order, the writ petition was withdrawn with a liberty to file a fresh writ petition after declaration of the result.

2. Today, the learned counsels for the parties had informed us that the selection process was initiated for recruitment of 306 posts of Lab Technician, which 2024:UHC:6329-DB has now attained finality as final result has already been declared on 03.08.2024. Now the only cause of action to challenge the selection process is of those candidates who participated and were not selected.

3. At present, this PIL is related to a service matter and it is not maintainable, keeping in view the judgment passed by Hon'ble Apex Court passed in the matter of "Ashok Kumar Pandey Vs. State of W.B." reported in (2004) 3 SCC 349.

4. Keeping in view the above fact, learned counsel for the petitioner wants to withdraw this writ petition with a liberty to seek alternative remedy by approaching the authorities as per order dated 22.07.2024 Annexure no.8.

5. In view of the above, the writ petition is dismissed as withdrawn.

______________ RITU BAHRI, C.J.

___________________ RAKESH THAPLIYAL, J.

Dated:03.09.2024 NR/

NITESH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc

RAWA 3988ad93d563d95c70eb77fa 0ea4758e401cf436bdce9fb, postalCode=263001, st=UTTARAKHAND,

T serialNumber=F691686B3C4 47434E89897BCDC0B6567DC E4B7108B324FFED3C8A159F 3BDD03C, cn=NITESH RAWAT Date: 2024.09.09 16:18:12 +05'30'