Uttarakhand High Court
Dr. Prabhakar Tyagi vs State Of Uttarakhand And Others on 25 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:5356-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. 470 of 2014
Dr. Prabhakar Tyagi --Petitioner
Versus
State of Uttarakhand and others --Respondents
With
Writ Petition (S/B) No. 280 of 2016
Dr. Tripti --Petitioner
Versus
State of Uttarakhand and others --Respondents
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Advocates:-
Ms. Jasmeet Kaur, Advocate holding brief of Mr. S.S. Yadav, Advocate for the
petitioner
Mr. Puran Singh Rawat, Additional Chief Standing Counsel for the State of
Uttarakhand
Mr. Pankaj Miglani, Advocate for the 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. Since these two writ petitions involve common
questions of law and fact, they were heard together and
are being decided by this common judgment. However,
for the sake of brevity, facts of Writ Petition (S/B) No. 470
of 2014 alone, are being considered and discussed.
2. Petitioner participated in a selection held by
Uttarakhand Public Service Commission for the post of
Assistant Professor (History). Since petitioner was not
selected, therefore he filed this writ petition in 2014,
seeking following reliefs:-
"(i) Issue a writ, order or direction in the nature of quashing the line of
Clause 5 (Ga) mentioned as "िविजिटंग लै�रर / अंशकािलक प्रव�ा के �प म� काय�रत्
अ�िथ�यों को परी�ा / सा�ा�ार म� उनके �ारा प्रा� कुल अंकों के अिधकतम 10 प्रितशत बोनस
अंक िदये जाय�गे। The English version is here:-(The Visiting Lecturer/Part-time
Lecturer will be given maximum 10% marks).
(ii) Issue a writ, order or direction in the nature of quashing the result
dated 26-06-2014 of History subject concerned to the private respondent
no. 4.
2025:UHC:5356-DB
(iii) Issue a writ, order or direction in the nature of Mandamus directing
the respondent no. 1, 2 and 3 to rectify the anomaly of selection process
of History subject that is concern to the petitioner in regard to awarding
10% bonus mark to the petitioner as Higher Education Amended Rules
2011 of 9 (Gha) & 9 (Cha) and also as per advertisement No.
04/D.R./Degree/Sewa-2/ 2011-12/dated 04-12-2011.
(iv) Issue a writ, order or direction in the nature of Mandamus directing
the respondent no. 3 to award the 10% bonus mark to the petitioner in
the selection process of History subject held on 13-01-2014 to 15-01-
2014 so far concerned to the petitioner and declare the result of History
subject awarding the proper opportunity to the concern effected
respondent no. 4 and further prayed to summon the record/broad-sheet
of the Interview Board.
(v) Issue a writ, order or direction in the nature of Mandamus directing
the respondent nos. 1 to 3 to resolve the controversy adjusting the
petitioner on the vacant post of History as a regular faculty/Assistant
Professors of History subject."
3. Mr. Pankaj Miglani, learned counsel appearing for
Uttarakhand Public Service Commission submits that
identical issue was decided by coordinate Bench of this
Court in Writ Petition (S/B) No. 469 of 2014 in which
reliefs sought were also identical. He has produced copy
of the judgment dated 24.04.2025, rendered in the said
writ petition.
4. Upon perusal of the judgment, we find substance in
the submission made by learned counsel for the
Uttarakhand Public Service Commission that the issue
involved in that writ petition was identical.
5. In such view of the matter, present writ petitions are
disposed of in terms of judgment dated 24.04.2025,
rendered in WPSB No. 469 of 2014.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 25th June, 2025
Mahinder
MAHINDER
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2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f
SINGH
031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46
26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH
2025:UHC:5356-DB
