Uttarakhand High Court
Sanskriti Suyal vs State Of Uttarakhand And Others on 6 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:6901-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. 325 of 2025
Sanskriti Suyal --Petitioner
Versus
State of Uttarakhand and others --Respondents
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Advocates:-
Mr. Devang Dobhal, Advocate for the petitioner
Mr. Sushil Vashisth, Standing Counsel for the State
Ms. Menka Tripathi, Advocate for Uttarakhand Public Service Commission
through video conferencing
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. Petitioner possesses Bachelor of Science degree in
Hospitality and Hotel Administration from Indira Gandhi
National Open University. She applied pursuant to an
advertisement dated 29.08.2023, issued by
Uttarakhand Public Service Commission, Haridwar,
whereby applications were invited for appointment to
the post of Management Officer in the Government
Estate Department.
2. As per the advertisement, a candidate with
Bachelor's degree in any subject from a University
established by law, along with diploma in Catering and
Hotel Management from a recognized institution, alone
was eligible. Petitioner's candidature was rejected vide
order dated 22.07.2024 on the ground that she do not
possess the requisite qualification i.e. Diploma in
Catering and Hotel Management. Petitioner thereafter
made a representation on 29.07.2024, which was
again rejected vide order dated 17.07.2025. Thus,
2025:UHC:6901-DB
feeling aggrieved petitioner has approached this Court,
seeking the following reliefs:
"1) Issue/pass a Writ, Order, or Direction in the nature of
Certiorari quashing the rejection list dated 22/7/2024
(Annexure No. 5) issued by respondent no.3 and order of
rejection of representation dated 17/7/2025 (Annexure No. 8)
whereby the petitioner is declared ineligible for the post of
Management Officer (Rajya Sampati Vibhag), and also
ii) Issue a Writ, Order, or Direction in the nature of
Mandamus directing the Respondent to allow the petitioner to
appear in the interview which is to be held on 12/8/2025."
3. Learned counsel for petitioner relies upon the
Rules, known as Uttarakhand State Estate Department
Group "A" and "B" Service Rules, 2025, which were
notified on 17.03.2025. In Rule 8 thereof, the
academic qualification needed for Management Officer
is mentioned and as per said rule, a candidate who is
having degree or diploma in Hotel Management and
Catering Technology, is eligible besides Bachelor's
degree from a University recognized by University
Grants Commission.
4. Learned counsel for the petitioner submits that as
per Rules, notified on 17.03.2025, petitioner is eligible,
therefore, impugned order dated 17.07.2025 is
unsustainable.
5. Per contra, Ms. Menka Tripathi, learned counsel
appearing for Uttarakhand Public Service Commission
submits that selection process commenced on
04.05.2023 when vacancies were advertised,
therefore, new rules or amended rules cannot be made
applicable to ongoing selection process.
2025:UHC:6901-DB
6. We find substance in the submission made by Ms.
Menka Tripathi, learned counsel.
7. Learned counsel for petitioner then relies upon
the judgment rendered by Hon'ble Supreme Court in
the case of Puneet Sharma and others Vs.
Himachal Pradesh State Electricity Board Limited
and Another, reported in (2021) 16 SCC 340. Para
40 and 41 of the said judgment are extracted below:-
40. As noticed previously, in addition to the above
considerations, an amendment to the rules was made on 3-6-
2020 declaring that those with higher qualifications are also
entitled to apply or be considered for appointment. This
amendment was brought in to clear all doubts and
controversies and, in that sense, the amending
provisions should be deemed to have been inserted from
inception.
41. For the foregoing reasons, these batches of appeals by the
degree-holders have to succeed. The respondent HPSEB is
directed to process the candidature of all the applicants,
including the degree-holders who participated, and depending
on the relative merits, proceed to issue the final selection list of
all successful candidates, after holding interviews, etc. The
impugned judgment [Robin Kumar v. State of H.P., 2020 SCC
OnLine HP 3397] is accordingly set aside; the appeals are
allowed and the writ petition is allowed partly, in the above
terms, without order on costs."
8. Ms. Menka Tripathi, learned counsel appearing for
the Commission submits that interview for the post of
Management Officer is scheduled for 12.08.2025. She
submits that since rejection of petitioner's candidature
is as per settled law as she was not having the
qualification as was applicable for the post in question
at the time of advertisement, therefore, no relief can
be granted to the petitioner.
9. Having regard to the facts and circumstances of
the case and also in view of the judgment rendered in
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Puneet Sharma's case (supra), we dispose of the
writ petition with liberty to petitioner to make
representation to the Secretary, Government Estate
Department. If petitioner makes representation within
24 hours, the Secretary concerned shall take decision
in the matter within two weeks thereafter.
10. It shall be open to the petitioner to submit
representation through e-mail. Petitioner shall be
provisionally permitted to appear in the interview;
however, her result shall be declared only when
favourable decision comes from the State Government.
11. Let a certified copy of this order be issued today
itself, as per rule.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 6th August, 2025
Mahinder
MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c,
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2
B8F, cn=MAHINDER SINGH
Date: 2025.08.06 17:46:29 +05'30'
