[Cites 0, Cited by 0]
Uttarakhand High Court
WPSB/67/2017 on 2 April, 2026
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
2026:UHC:2357-DB
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSB/67/2017
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
1. Ms. Bhawna Kanwal, Advocate
holding brief of Mr. Pankaj Tangwan,
learned counsel for the petitioner.
2. Mr. S.S. Chaudhary, learned
Standing Counsel for the State of
Uttarakhand.
3. Mr. Pankaj Miglani, learned counsel
for the respondent-Selecting Body.
4. Petitioner possesses three years
diploma in Hotel Management & Catering
Technology from Government
Management Hotel & Catering
Technology Institute, Dehradun. He
responded to an advertisement dated
03.02.2015 issued by Uttarakhand Public
Service Commission, whereby
applications were invited for appointment
to the post of Lecturer (Cookery, Bakery,
Housekeeping, Restaurant, Reception) in
Tourism Department.
5. As many as four vacancies on the
aforesaid post were notified by the said
advertisement, however, no one was
selected for the post in question as none
of the candidate, who applied pursuant
to the advertisement, possessed the
requisite qualification. The requisite
qualification is mentioned in the
advertisement as three year diploma or
degree in Hotel Management, Catering
Technology and Applied Nutrition, with
first division marks from any Institute
recognised by National Catering Council
or All India Council for Technical
2026:UHC:2357-DB
Education.
6. Learned State Counsel contends
that the writ petition was filed in 2017,
and the selection process was initiated in
February 2015, therefore, the relief
sought in the writ petition, cannot be
granted at this belated stage.
7. Ms. Bhawna Kanwal, learned
counsel appearing for the petitioner,
however, submits that there is no one
with the required qualification available
for appointment to the post in question,
as there is no Institution within the State
or even beyond, which awards three
years diploma or degree with the same
nomenclature as mentioned in the
advertisement, therefore, not a single
candidate with requisite qualification
applied pursuant to the advertisement.
Consequently, no one was recommended
for appointment by the Selecting Body.
8. Learned counsel for the petitioner
produced in Court a letter issued by
Secretary, Tourism to the Secretary,
Uttarakhand Public Service Commission
on 31.03.2017, which is taken on record.
9. Perusal of said letter reveals that
State Government is alive to the problem
faced by Public Service Commission due
to non-availability of any candidate
having requisite academic qualification
and State Government decided to treat
three years diploma in "Hotel
Management and Catering Technology"
as equivalent to the qualification
mentioned in the advertisement.
10. Yesterday, we asked learned
counsel appearing for the Selecting Body
to get instructions regarding letter dated
2026:UHC:2357-DB
31.03.2017. Learned counsel for the
Selecting Body submits that since there
was a proposal to amend the Rules,
therefore, the requisition, received from
the State Government for the post of
Lecturer (Cookery, Bakery,
Housekeeping, Restaurant, Reception),
was returned to the State Government
on 15.05.2017. He submits that
thereafter what development has taken
place at the State-level is not known,
and it is also not clear, whether State
has amended the applicable Rules.
11. Since the requisition sent by State
Government has been returned by the
Selecting Body due to non-availability of
qualified candidates, therefore, the relief
as claimed by the petitioner cannot be
granted.
12. We, however, dispose of the writ
petition by directing the Secretary,
Tourism to revisit the issue and to decide
as to whether the Rules are to be
amended or fresh requisition is to be
sent to Selecting Body in terms of the
decision taken by the State Government,
which was communicated to the
Selecting Body vide letter dated
31.03.2017.
13. We hope and expect that Secretary,
Tourism shall take necessary decision in
this regard within four months from
today. Learned State Counsel is directed
to communicate this order to Secretary,
Tourism today itself.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
02.04.2026
Aswal
NITI RAJ SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369
ASWAL
512ea30f3, postalCode=263001, st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C
1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2026.04.02 07:21:37 -07'00'
2026:UHC:2357-DB
