Uttarakhand High Court

WPSS/647/2025 on 1 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

             Office Notes,
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               orders or                     COURT'S OR JUDGE'S ORDERS
             proceedings
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              Registrar's
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S/1                          WPSS No.647 of 2025
                             With
                             Stay Application (IA) No.1 of 2025
                             Hon'ble Ravindra Maithani, J.

Mr. Nikhil Bhatt, Advocate for the petitioner.

Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondent nos.1 and 2. Mr. Ramji Srivastava, Advocate for respondent no.3.

Heard.

Admit.

Learned Chief Standing Counsel takes notices on behalf of respondent nos.1 and

Mr. Ramji Srivastava, Advocate takes notice on behalf of respondent no.3. Issue notice to respondent no.4. Steps to be taken within a week.

Respondents may file counter affidavit within four weeks.

Two weeks thereafter, rejoinder affidavit, if any, may be filed. List thereafter for final hearing. Heard on Stay Application (IA) No.1 of 2025.

It is the case of the petitioner that she has applied for the post of Medical Social Worker Examination 2023 in the OBC Category. But, at the stage of document verification, she has not been considered on the ground that her OBC Certificate is not valid.

Learned counsel for the petitioner would submit that the petitioner has obtained OBC Certificate on 18.07.2019 and the last date for filling up of the application for the aforesaid post was 05.07.2023. He would submit that in the OBC Certificate, which was issued to the petitioner in the year 2019, there was no clause that it is valid for three years only. Even otherwise, it is submitted that now, the petitioner has valid OBC Certificate and she may not be debarred on this ground in view of the judgment passed in the case of Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board and another, (2016)4 SCC, 754; Pushpa Vs. Government, NCT of Delhi and others, 2009 SCC OnLine Del 281 as well as in the case of State of Uttarakhand and others Vs. Shailendra Singh, Special, Supreme Today AI, 2018 0 Supreme(UK)

278. Having considered, as an interim measure, till the next date of listing, one post under the OBC Category shall be kept vacant.

(Ravindra Maithani, J.) 01.05.2025 Sanjay