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Uttarakhand High Court
9 February vs State Of Uttarakhand & Others on 19 February, 2026
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
2026:UHC:1112-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Service Bench No. 388 of 2020
19 February, 2026
Devesh Kumar Sharma
--Petitioner
Versus
State Of Uttarakhand & others
--Respondents
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Presence:-
Mr. Vinod Tiwari, learned counsel for the petitioner.
Mr. G.S. Negi, learned Additional C.S.C. for the State of
Uttarakhand.
Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P.
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Coram :Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Hon'ble Manoj Kumar Tiwari, J. (Oral)
Petitioner participated in a selection for
appointment to the post of Principal in Government Inter
Colleges, against vacancies available in the Hill Sub-
Cadre. On the recommendation of U.P. Public Service
Commission, he was appointed in Hill Sub Cadre as
Principal in Government Inter College, Paharpani,
Nainital, vide order dated 19.04.1999, pursuant to which
he joined duties on 15.05.1999.
2. It transpires that one Shri Devesh Kumar
Mishra, S/o Bindeshwari Prasad Mishra, Village Jhunsi,
District Allahabad, was recommended by the U.P. Public
Service Commission for appointment as Principal,
Government Inter Colleges in the General Cadre meant
for plain districts of erstwhile State of U.P.; he was
offered appointment as Principal, Government Inter
College, Pipri, Sonbhadra, on 01.06.1999 by the
Competent Authority. However, due to typographical
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error his name was mentioned as Devesh Kumar Sharma
in place of Devesh Kumar Mishra. The said mistake was,
however, corrected by a corrigendum dated 30.06.1999.
3. The allegation against the petitioner is that he
took benefit of the mistake in the offer of appointment
made to Devesh Kumar Mishra and joined duties in his
place as Principal, Government Inter College, Pipri,
Sonbhadra on 29.06.1999. In order to avail the benefit
meant for another person, petitioner left the post of
Principal, Government Inter College, Paharpani, Nainital
unattended. Because of the corrigendum issued by
Competent Authority in State of U.P. on 30.06.1999,
petitioner's joining at G.I.C. Pipri, Sonbhadra came under
cloud, he approached Hon'ble Allahabad High Court by
filing Writ Petition No. 32334 of 1999 challenging the
corrigendum dated 30.06.1999. In that writ petition, an
interim order was passed by learned Single Judge, on
the strength of which petitioner continued to serve in
Government Inter College, Pipri, Sonbhadra.
4. The writ petition was ultimately dismissed by
learned Single Judge of Hon'ble Allahabad High Court on
07.03.2014 and the interim order was vacated. Petitioner
challenged the judgment rendered by learned Single
Judge by filing Special Appeal, which was dismissed by
Division Bench of Hon'ble Allahabad High Court on
23.04.2014. Thereafter, petitioner filed SLP No.20938 of
2014, which too was dismissed by Hon'ble Supreme
Court vide order dated 04.01.2018. Hon'ble Supreme
Court, however, granted liberty to the petitioner to make
representation to the Competent Authority, i.e., the State
of Uttarakhand, for his absorption in State Service.
5. Pursuant to the liberty granted by Hon'ble
Supreme Court, petitioner made a representation to
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Government of Uttarakhand seeking absorption. The
representation made by petitioner was rejected by
Secretary, School Education, Uttarakhand, vide order
dated 30.08.2018. Petitioner challenged the order
rejecting his representation by filing WPSB No. 573 of
2018, which was disposed of by a Division Bench of this
Court, directing the Secretary, Secondary Education,
Government of Uttarakhand, to reconsider petitioner's
representation.
6. Pursuant to the order passed by Division
Bench of this Court in WPSB No.573 of 2018, Secretary,
Secondary Education, Government of Uttarakhand,
passed another order on 26.11.2019, whereby the prayer
made by petitioner was rejected as not maintainable. In
the present writ petition, petitioner has challenged the
said order dated 26.11.2019. The reliefs sought in the
writ petition are extracted below for ready reference:-
"(i) Issue a writ, order or direction in the nature of
certiorari calling upon the respondents to submit their
records and for quashing the impugned order dated
26.11.2019, passed by respondent no.1 (annexure no.1
to the writ petition).
(ii) Issue a writ order or direction in the nature of
mandamus directing the respondents to reinstate the
petitioner into service and to pay his salary and all
other consequential benefits attached with his service
conditions."
7. We are not inclined to interfere in the matter,
as the reasons assigned by Secretary, Secondary
Education, for rejecting petitioner's representation are
valid. Secretary has held that petitioner left the post of
Government Inter College, Paharpani, District Nainital,
without informing his superior authorities due to which
the school remained attended. Division Bench of Hon'ble
Allahabad High Court in Special Appeal No.372 of 2014
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held that petitioner could not have been selected for
appointment as Principal in the General Cadre, as he
neither applied nor participated in the selection held for
General Cadre, therefore, petitioner ought not have
joined duties at Government Inter College, Pipri,
Sonbhadra.
8. Secretary, Secondary Education has further
held that despite knowing that he was not offered
appointment in General Cadre, as he did not participate
in the selection. Petitioner took advantage of the typing
mistake in the appointment letter and even after
correction of mistake, he persisted in his efforts and
pursued the matter up to Hon'ble Supreme Court and
lost from all Forums, therefore, he is a person of doubtful
integrity, and a person with such integrity cannot be
retained in government service.
9. The reasons assigned by Secretary cannot be
faulted. Admittedly, petitioner was offered appointment in
Hill Sub-Cadre and he joined duties at Government Inter
College, Paharpani, District Nainital. Without any
information or intimation to his superior authorities, he
unilaterally left the said institution and joined duties on
a post in Government Inter College, Pipri, Sonbhadra,
against the offer which was made to someone else. He did
not relent even when mistake in name was rectified by
Competent Authority by correcting surname as Mishra in
place of Sharma. Petitioner approached Hon'ble
Allahabad High Court and, after losing from all Forums,
he cannot now contend that he be absorbed in State
Service of Uttarakhand.
10. Since petitioner voluntarily relinquished his
employment in State of Uttarakhand to join duties at a
place near his home district, without any intimation and
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did not seek permission or leave of any kind from the
Competent Authority in State of Uttarakhand. Therefore,
petitioner himself is to be blamed for the situation in
which he presently finds himself.
11. Accordingly, there is no scope for interference.
Writ petition fails and is dismissed.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
19.02.2026
AK
