Uttarakhand High Court
WPSB/324/2020 on 16 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:4957-DB
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSB/324/2020
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Subhash Upadhyay, J.
1. None present for the petitioner.
2. Mr. Pankaj Miglani, learned counsel
for the respondent-UPSC.
3. Petitioner participated in
Uttarakhand Judicial Services Civil Judge
(J.D.) Preliminary Examination, 2019
conducted by Uttarakhand Public Service
Commission. He was declared
unsuccessful in the Preliminary
Examination, therefore, he filed this writ
petition in 2020, seeking the following
reliefs:-
(i) To issue a writ, order or direction in the nature
of certiorari quashing the result of the
Preliminary Examination conducted by the
respondent no. 1 with regard to the
advertisement no. A-3/E-2/CJ(JD)/2018-19 for
the post of Civil Judge Jr. Division (Annexure
No. 1 to the writ petition)
(ii) It is alternatively prayed that if the Hon'ble
Court is not pleased to grant the aforesaid relief
a writ petition or direction in the nature of
mandamus may kindly be issued declaring the
petitioner and other candidates like the
petitioner as "passed" in preliminary
examination of Uttarakhand CIVIL JUDGE (JD)
Examination of advertisement no. A-3/E-
2/CJ(JD)/2018-19 and the respondent no. 1 be
directed to conduct the separate Main
Examination for the petitioner and for the
candidates like the petitioner and they may also
be permitted to participate in the process of
interview if the petitioner and other candidates
are being declared passed in the main
examination.
(iii) To issue a writ, order or direction in the nature
of mandamus commanding the respondents to
treat the petitioner as an OBC candidate after
2025:UHC:4957-DB
clearance of the Preliminary Examination and
while filling up the forms of Main Examination
his candidatureship may be treated as OBC
candidate.
4. Petitioner contends that he belongs
to Momin Ansari community, which is
recognised as Other Backward Class,
therefore, he is entitled to the benefits,
which are available to persons belonging
to Other Backward Classes. It is further
contended that answer, as given in the
answer key to certain questions which
were asked in Preliminary Examination,
were erroneous due to which his score of
marks were reduced to 144 out of 200,
while he was entitled to 148 marks out of
200 in Preliminary Examination.
Petitioner has claimed parity with one
Mr. Ishank, who filed WPSB No. 481 of
2019 and in whose favour certain
directions were issued by coordinate
Bench of this Court vide judgment dated
15.09.2020.
5. Perusal of the judgment rendered in
WPSB No. 481 of 2019 reveals that the
Public Service Commission was directed
to consider Mr. Ishank as a candidate
belonging to OBC category for the
purpose of Main Examination, with a
further direction to permit him to
participate in the interview, as an OBC
candidate.
6. Learned counsel for the
Uttarakhand Public Service Commission
submits that the selection process
initiated vide advertisement No. A-3/E-
2/CJ(JD)/2018-19 was concluded in the
year 2020 itself and no vacancy, which
were advertised by the said
advertisement, is available. He further
submits that all the selected candidates
were appointed and they are serving as
2025:UHC:4957-DB
Civil Judge (J.D.) in State of Uttarakhand
and none of the selected candidate is
made a party to the writ petition. Thus,
he submits that without setting aside the
selection and appointment of those
persons, the reliefs, claimed in the writ
petition, cannot be granted.
7. Learned counsel for the Commission
further submits that petitioner had
sought quashing of the result of
Preliminary Examination and had sought
direction to the Selecting Body to permit
the petitioner to appear in the separate
Main Examination. Thus, he submits that
since all the vacancies have been filled
upon conclusion of selection process,
therefore, the reliefs, as claimed do not
survive.
8. Learned counsel for the Commission
has drawn attention of this Court to the
pleading made in para 5 of the writ
petition, where it is stated that petitioner
applied against unreserved vacancy, as
he was not having the latest caste
certificate, while submitting application.
He further submits that after holding
Preliminary Examination, answer key to
the questions asked in Preliminary
Examination, were uploaded in the
website and objections were invited from
the candidates; however, petitioner did
not submit objection to the answer key.
Reference has been made to the
judgment rendered by coordinate Bench
in the case of Radha Mittal vs.
Uttarakhand Public Service Commission
for contending that change in category
for seeking benefit of reservation cannot
be accepted and the category mentioned
in the application will be treated as final.
9. In para 11 of the counter affidavit
2025:UHC:4957-DB
filed by the Commission, it is stated that
interview was held between 17th
September to 20th September, 2020 and
thereafter final result of the selection
was declared on 22.12.2020.
10. Since the selection process
concluded in 2020 and the selected
candidates were appointed soon
thereafter, therefore, the relief, as
claimed in the writ petition, cannot be
granted at this belated stage, that too
when the selected candidates are not
before this Court. Since petitioner did not
mention in his application that he
belongs to Other Backward Class and he
applied against an unreserved post,
therefore, no direction can be issued to
treat him OBC candidate.
11. For the aforesaid reasons, the writ
petition fails and is dismissed.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
16.06.2025
Aswal
NITI RAJ SINGH
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Date: 2025.06.16 22:22:35 -07'00'
