Uttarakhand High Court
Meera Papnai And Others ... vs State Of Uttarakhand And Others on 25 August, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
Reserved Judgment
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1221 of 2022 (S/S)
Meera Papnai and Others ........Petitioners
Versus
State of Uttarakhand and Others ........Respondents
Present:-
Mr. Vinay Kumar, Advocate for the petitioners.
Mr. Narayan Dutt, Standing Counsel for the State.
Mr. Ashish Joshi, Advocate for the Uttarakhand Public Service
Commission.
JUDGMENT
Per: Hon'ble Ravindra Maithani, J.
The challenge in this petition is made to the Final Result
dated 31.05.2022, published by the respondent no.3/Uttarakhand
Public Service Commission ("the Commission") on the ground that it
violates the provisions of Section 34(2) of the Rights of Persons with
Disabilities Act, 2016 ("the Act").
2. It is the case of the petitioners that the Commission
issued an advertisement on 25.09.2018, for holding Uttarakhand
Special Subordinate Education (Lecturer Cadre-Group 'C') Service
(General and Woman Branch) Examination-2018 for selection of
Lecturers in various subjects including 93 vacancies of Lecturer
(English)(General Branch). The positions advertised for Lecturer
(English)(General Branch) were also earmarked for persons with
disabilities ("PwD") specifically One Arm (OA), One Leg (OL), Blind (B),
Partially Blind (PB). The final result for 2018 advertisement was issued
on 25.06.2019, but five vacancies of Lecturers (English) (General
Branch) earmarked for PwD (3-General, 01-OBC and 01-ST) were
carried forward. In the next advertisement issued on 12.10.2020, the
Commission also advertised vacancies for Lecturer (English)(General
Branch) and also included the vacancies carried forward for PwD. They
were 01-PB for Scheduled Tribes, 01-PB for Other Backward Classes,
and 03-PB for open category. All the petitioners applied for the post of
Lecturer English (General Branch). All the petitioners are PwDs. The
petitioners also claimed reservation under the Uttarakhand Women
Category. The petitioner no.3 also claimed reservation under EWS
category. The result pursuant to the advertisement dated 12.10.2020,
was declared on 31.05.2022, but five vacancies of PwD were again
carried forward for the previous recruitment year, which is against the
provision of Section 34(2) of the Act.
3. This matter was heard with a bunch of petitions and the
judgment was reserved. But this Court, on 06.08.2025, observed that
the facts of the instant case are slightly different than the connected
matters. Therefore, the judgment was not passed, and parties were
further heard. It is, thereafter, supplementary affidavit was filed by the
petitioners.
4. Heard learned counsel for the parties and perused the
record.
5. Learned counsel for the petitioners submits that while
preparing the Final Result dated 31.05.2022, the provisions of Section
34(2) of the Act have been violated. He further submits that the issue
has already been decided by this Court on 06.08.2025 in WPSS
No.1291 of 2022, Yogendra Kumar Shah and Another Vs. State of
Uttarakhand and Others ("the first petition") and connected matters,
wherein, this Court has observed that the final merit list should be
prepared pursuant to the advertisement dated 12.10.2020, in
accordance with the provisions of Section 34(2) of the Act.
6. Learned counsel for the Commission submits that the
Commission prepared the merit list as per the requisition received by
them.
7. Learned State Counsel submits that the merit list has
been prepared by the Commission.
8. In fact, the instant petition was connected with the first
petition. The first petition and connected matters have already been
decided on 06.08.2025. The judgment is Annexure No.1 to the
Supplementary Affidavit filed by the petitioners. In the instant case, it
is apparent that twice the vacancies earmarked for PwD have been
carried forward, which is in violation of Section 34(2) of the Act. In
identical issue, in the first petition, this Court has, while allowing the
writ petition, directed the Commission to prepare a final merit list
according to the provisions as contained in Section 34(2) of the Act.
9. As stated, the controversy is squarely covered by the
judgment of this Court dated 06.08.2025, passed in the first petition;
and connected matters, therefore, the instant petition also deserves to
be decided accordingly.
10. Since, the matter is covered, instant petition is decided in
terms of the judgment dated 06.08.2025, passed by this Court in
WPSS No.1291 of 2022, Yogendra Kumar Shah and Another Vs. State
of Uttarakhand and Others; and connected cases.
11. By the interim order dated 09.12.2022 of this Court, the
posts in question were directed not to be carried forward for future
selection in view of the embargo as provided under Section 34(2) of the
Act. Therefore, the Commission is directed to prepare the final merit
list for Lecturer (English) (General Branch) pursuant to the
advertisement dated 12.10.2020, in accordance with the provisions of
Section 34(2) of the Act.
(Ravindra Maithani, J)
25.08.2025
Ravi Bisht
