Uttarakhand High Court
Dr. Rakesh Matura vs Uttarakhand Public Service Commission on 4 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:6822-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON'BLE JUSTICE SRI SUBHASH UPADHYAY
Writ Petition (S/B) No.31 of 2020
Dr. Rakesh Matura ----Petitioner
Versus
Uttarakhand Public Service Commission
and Another ----Respondents
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Presence:-
Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. G.D. Joshi,
Advocate for the petitioner
Mr. Ashish Joshi, Advocate for Uttarakhand Public Service Commission-
respondent no.1
Mr. Sushil Vashishth, learned Standing Counsel for the State of Uttarakhand-
respondent no.2
--------------------------------------------------------------------
The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. Petitioner participated in a selection held by
Uttarakhand Public Service Commission for the post of
Assistant Professor (Zoology). His candidature was
rejected only on the ground that his post-graduation is in
Biotechnology, which is a different subject altogether.
Thus, feeling aggrieved, petitioner approached this Court
seeking the following reliefs:
"(a) Issue a writ, order or direction in the nature of
certiorari quashing/set aside the impugned letter
dated 17th January, 2020 so far as it relates to
declaring the petitioner ineligible for the post of
Assistant Professor (Zoology) contained as
Annexure No. 7 to this Writ Petition.
2025:UHC:6822-DB
(b) Issue a writ, order or direction in the nature of
mandamus directing the respondent no. 1 to
declare the petitioner eligible and permit for
interview of post of Assistant Professor (Zoology)
which is scheduled to be held on 30th January,
2020 treating Biotechnology is related / allied /
relevant/concerned subject of Zoology for the post
of Assistant Professor (Zoology)."
2. Coordinate Bench, by interim order dated
29.01.2020, permitted the petitioner to appear
provisionally for interview, which was to be held on
30.01.2020. Pursuant to the said order, petitioner
participated in interview and his result was kept in a
sealed cover.
3. Sealed envelope, containing the result of
petitioner was produced in the Court, which was opened
in presence of counsel for the parties. Perusal of the
result indicates that two candidates belonging to OBC
category scored equal marks, i.e., 62, namely, Km.
Urvashi and Rakesh Matura (petitioner).
4. Mr. Ashish Joshi, learned counsel appearing
for Uttarakhand Public Service Commission submits that
Km. Urvashi also filed Writ Petition (S/B) No. 23 of 2020,
challenging rejection of her candidature and pursuant to
interim order passed by Coordinate Bench, she was also
permitted to participate in interview. He submits that the
writ petition filed by Km. Urvashi i.e. Writ Petition (S/B)
No. 23 of 2020 was disposed of by Coordinate Bench vide
order dated 23.02.2024, directing the Selecting Body to
2025:UHC:6822-DB
refer the issue of equivalence of qualification possessed
by her to the Equivalence Committee and depending on
the decision taken by the Equivalence Committee, her
claim for appointment shall be considered by the
Selecting Body. He submits that the Equivalence
Committee decided against Km. Urvashi and found that
the qualification possessed by her is not equivalent to
that which was required.
5. Mr. Ashish Joshi, learned counsel for the
Uttarakhand Public Service Commission has drawn our
attention to the decision taken by the Equivalence
Committee, regarding the qualification possessed by the
petitioner, which is Annexure No. CA-2 to the Counter
Affidavit filed by the Uttarakhand Public Service
Commission. The decision so taken is extracted below:
"The Committee discussed the case of Dr. Rakesh
Matura, M.Sc. in Biotechnology, who applied for a position
of Assistant Professor in Zoology. The Committee is of the
opinion that Dr. Rakesh Matura is falling short of many
courses which must have been studied at the Masters
level so as to make himself eligible for the said post."
6. Law is well settled that in academic matters,
the decision taken by the Experts has to be respected.
The Equivalence Committee, which considered the issue
of equivalence of qualification possessed by petitioner, is
composed of Subject Experts taken from the field of
Zoology as well as Biotechnology. Since the Subject
Experts have examined the issue and arrived at the
conclusion that petitioner's qualification is not equivalent
to Zoology, therefore, we do not find any scope for
2025:UHC:6822-DB
interference. In such view of the matter, the writ petition
fails and the same is hereby dismissed.
8. Result, which was produced in sealed cover, is
re-sealed and is returned back to Mr. Ashish Joshi,
learned counsel for Uttarakhand Public Service
Commission.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 04.08.2025
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Date: 2025.08.04 18:11:32 +05'30'
