WPSS/358/2025
2025 Latest Caselaw 4715 UK

Uttarakhand High Court

WPSS/358/2025 on 7 October, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures


                                 WPSS No. 358 of 2025
                                 Hon'ble Ravindra Maithani, J.

Mr. Vinay Kumar, Advocate for the petitioner.

Mr. Ganesh Kandpal, Deputy Advocate General for the State.

Ms. Devika Tiwari, Advocate for the respondent no. 5.

In the instant matter, respondent nos. 6 & 7 have been made party. They were issued notices on 10.06.2025. Dasti notices were also given. Affidavit of service has not been filed and there is no service report.

On 11.07.2025, the Registry reported that an intervention application along with Vakalatnama has been filed on behalf of the respondent. But, in fact, the intervention application has been filed by one Pooja Sharma. It is not by respondent nos. 6 & 7. Registry also reports that Misc. Application No. 3 of 2025 along with counter affidavit has been filed by the respondent no. 6, but it is wrong. This Misc. Application No. 3 of 2025 has been filed by the respondent no. 5. Therefore, judgment cannot be pronounced without hearing the respondent nos. 6 & 7. They are required to be issued notices.

Let issue fresh notices to the respondent nos. 6 & 7, returnable in four weeks, within which they shall file counter affidavit.

In fact, in the instant case, during the course of arguments, it is argued that on 04.03.2025, the respondent Commission has published a list of four candidates, who secured less marks than the petitioner, therefore, the petitioner ought to be appointed.

The list of those four candidates is Annexure 5. Impliedly, the recommendation made qua these four candidates is also challenged. Therefore, they need to be impleaded as party.

The petitioner shall implead all those four candidates, mentioned in Annexure 5, as respondents in the writ petition within a week.

Thereafter, issue notices to those newly impleaded respondents, returnable within four weeks, within which period, they shall file their counter affidavit.

Within two weeks thereafter, rejoinder affidavit, if any, may be filed.

List thereafter for final hearing. In fact, during the course of hearing, the learned counsel for the respondent Commission has submitted that four vacancies were reserved for Orphan under general category, but they were not available, therefore, according to the Government Order dated 16.02.2022, the seats reserved for Orphan were converted to general category and annexure 5 contains name of such persons.

By the interim relief application, the petitioner wants that one post of Assistant Teacher LT Grade (General Subject) under OBC category be kept vacant till adjudication of the writ petition. But, during the course of hearing issue of orphan under general category has also been raised by the Commission itself.

In view of it, till the next date of listing, the Commission shall keep one post of Assistant Teacher LT (General) in OBC category and one post of Assistant Teacher (General) in Unreserved Orphan category vacant.

                          (Ravindra     Maithani   J.)
                                  07.10.2025
Avneet/