Uttarakhand High Court

May vs Sri Pramod Rana & Others on 1 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                     2025:UHC:3351-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
               Special Appeal No. 205 of 2016
                           01 May, 2025
       JUSTICE SHRI MANOJ KUMAR TIWARI
                                AND
       JUSTICE SHRI VIVEK BHARTI SHARMA


Secretary, Uttarakhand Board of Technical Education,
Govt. Polytechnic, Pitthuwala Campus, Dehradun
                                            --Appellant

                               Versus

Sri Pramod Rana & Others                            --Respondents
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Presence:-
Ms. Neeti Rana, learned counsel appearing for appellant.
Mr. D. S. Bora, learned Standing Counsel for the State.
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JUDGMENT:

(per Shri Manoj Kumar Tiwari, J.)

This appeal has been filed by Uttarakhand

Board of Technical Education challenging the judgment

and order dated 04.01.2016 passed in Writ Petition (S/S)

No. 790 of 2014.

2. Uttarakhand Board of Technical Education

held selection process for the post of Computer

Programmer and Computer Operator. The writ-

petitioners (respondents herein) participated in the said

selection, however, they were declared to be ineligible for

want of essential qualification. Feeling aggrieved, they

filed Writ Petition (S/S) No. 790 of 2014.

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3. Learned Single Judge allowed the writ petition

by holding that qualification possessed by the writ-

petitioners is sufficient for the appointment. Operative

portion of the impugned judgment is reproduced below:-

"4. In the counter affidavit the stand of the respondents is that the petitioners have qualification which is higher than what was being sought. This is not the case where qualification 'A' was being sought and the petitioners have qualification 'B' or 'C' i.e. something entirely different. They have the same qualification, in fact more than the minimum required. The requirement was that the candidate must have at least one year Diploma in Computer Application, which would mean that those who have done more than one year Diploma or even Degree in Computer Application are also eligible.

5. In view thereof, the writ petition, therefore, succeeds. The respondents are directed to give appointment to the petitioners, subject to the verification of the documents of the petitioners and satisfaction on other aspects.

6. This Court has been apprised by the petitioners that 28 posts of Computer Programmer/Operator were advertised out of which only 8 posts have been filled and other posts are still lying vacant with the department. Consequently, there is no occasion to pass any direction for removal of private respondents, in case they have already joined their services."

4. This intra-court appeal is filed by Uttarakhand

Board of Technical Education challenging the judgment

rendered by learned Single Judge in Writ Petition (S/S)

No. 790 of 2014.

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5. In advertisement, the qualification required for

the post of Computer Programmer/Operator in Technical

Education Department and Uttarakhand Board of

Technical Education, was that a candidate should

possess Bachelor Degree and he should have at least one

year Diploma in Computer Application. Qualification

possessed by the writ-petitioners was higher than one