Uttarakhand High Court
Kavita Joshi vs State Of Uttarakhand And Others on 25 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:5359-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. 414 of 2015
Kavita Joshi --Petitioner
Versus
State of Uttarakhand and others --Respondents
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Advocates:-
Mr. Yogesh Kumar Arya, Advocate holding brief of Mr. Devesh Upreti, Advocate for
the petitioner
Mr. Devendra Singh Bora, Standing Counsel for State of Uttarakhand
Ms. Menka Tripathi, Advocate for respondent No. 3 through video conferencing
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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
Lecturer in Government Polytechnics within the State. She
was found ineligible and her name was included in the list
of ineligible candidates published by the Commission on
15.09.2015. Thus feeling aggrieved, petitioner filed this
writ petition in 2015, seeking the following reliefs:-
"1. Issue a writ, order or direction in the nature of Certiorari
quashing the ineligibility list dated 15th September 2015
(Annexure No.5), so far as it relates to the petitioner,
2. Issue a writ, order or direction in the nature of Mandamus
directing the respondent no. 3 to issue an admit card to the
petitioner and permit the petitioner to appear on the screening
test, which is proposed to be held on 27th September 2015.
3. As an interim relief the Hon'ble Court further be pleased to
direct the respondent no. 3 to issue a provisional admit card to
the petitioner and permit her to appear in the screening
examination, provisionally, which is proposed to be held on 27th
September 2015."
2. Ms. Menka Tripathi, learned counsel appearing for
Uttarakhand Public Service Commission submits that
qualification required for the post in question was
Bachelor's Degree in Engineering/Technology with a
minimum 55 percent marks or AMIE qualification, however,
2025:UHC:5359-DB
petitioner was not having any of these qualifications and
she had applied based on MCA Degree, which was found to
be not sufficient for appointment as Lecturer in
Government Polytechnics.
3. She further submits that selection process was over
long back and all the selected candidates were appointed
up to 2017. Thus she submits that the reliefs as claimed do
not survive.
4. We find substance in the submission made by learned
counsel for the Commission. A selection made in 2015
cannot be set aside at this belated stage, more so, when
the eligibility of the petitioner to participate in the selection
is under cloud.
5. Thus there is no scope for interference. The writ
petition fails and is dismissed.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 25th June, 2025
Mahinder
MAHIND
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
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6ca168979ca7b8c2f031a92d1a18b08923c,
ER SINGH
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F
5CDD4C2AF35DC4626D305B1BC9EA4BABA4
3D2B8F, cn=MAHINDER SINGH
Date: 2025.06.27 10:13:52 +05'30'
