State Of Uttarakhand And Others ...... ... vs Suraj Singh
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Uttarakhand High Court

State Of Uttarakhand And Others ...... ... vs Suraj Singh on 18 September, 2024

                                                               2024:UHC:6723-DB



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

                                         AND

                    HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  SPECIAL APPEAL NO. 602 OF 2017
State of Uttarakhand and others                               ...... Appellants

                                       Versus

Suraj Singh                                                   ....Respondent

Counsel for the appellant                    :       Mr. C.S. Rawat, learned
                                                     CSC.
Counsel for the respondents                  :       Mrs. Prabha Naithani,
                                                     learned counsel.


The Court made the following:

JUDGMENT:

(per Hon'ble the Chief Justice Ms. Ritu Bahri)

In the present case, vide judgment and order dated 21.04.2017, the learned Single Judge of this Court had allowed the writ petition, and give a direction that the result dated 28.12.2009 be modified, and the name of the writ petitioner be included, if otherwise suitable.

2. Learned counsel for the appellant informs this Court that even if experience certificate Annexure no.3, issued by the competent authority is taken to be as a correct certificate, the writ petitioner cannot be given appointment. As per the details given in grounds of the appeal at page 14 of the Special Appeal, the writ 2024:UHC:6723-DB

petitioner for the post of Ardali Peon, the last cutoff was 19 marks out of 30, and the writ petitioner secured only 15 marks. For the post of peon FSL, the writ petitioner has secured 12 marks out of 30, and last cutoff marks of the said selection are 16. For the post of Bisra Cutter, the writ petitioner secured only 10 marks out of 30, the last cutoff marks is 12. In none of the categories, the marks are higher than the last candidate, who has been selected. Even, if the experience certificate Annexure no.3, is taken as to be correct, no marks is to be given for this certificate, keeping in view the details given by the learned counsel for the State.

3. The special appeal is being allowed to the effect that the result dated 28.12.2009, does not require any modification, keeping in view that the writ petitioner has secured less marks in all the three categories.

__________________

(RITU BAHRI, C.J.)

______________________

(ALOK KUMAR VERMA, J.)

Dated:18.09.2024 NR

NITESH UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc3988a d93d563d95c70eb77fa0ea4758e40 1cf436bdce9fb,

RAWAT postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434 E89897BCDC0B6567DCE4B7108B3 24FFED3C8A159F3BDD03C, cn=NITESH RAWAT Date: 2024.09.21 11:41:11 +05'30'