WPSS/445/2026
2026 Latest Caselaw 1475 UK

Uttarakhand High Court

WPSS/445/2026 on 25 February, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                        2026:UHC:1284
              Office Notes,
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      Date    or directions                COURT'S OR JUDGE'S ORDERS
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                               WPSS/445/2026
                               Hon'ble Manoj Kumar Tiwari, J
                               1.  Mr.    Dushyant     Mainali, learned
                               counsel for the petitioner.

                               2.   Mr.  S.S.  Chaudhary, learned
                               Standing Counsel for the State of
                               Uttarakhand.

                               3.   Petitioner participated in a selection
                               for the post of Assistant Teacher,
                               Government Primary School. According
                               to her, respondent no. 4 was selected

and appointed, even though his score of marks in the selection was less than that of the petitioner.

4. The reliefs, sought in the writ petition, are as follows:-

(i) Issue a writ of certiorari quashing the list of candidates published on 28.01.2026 found suitable for appointment for the post of Assistant Teacher Primary only to the extent of selection of respondent no. 4 as Assistant Teacher Primary in Science subject in District Champawat and to set aside the subsequent appointment of the respondent no. 4 to the post of Assistant Teacher (Primary) in Science Subject pursuant to recruitment advertisement dated 07.11.2025 issued by the respondent no.

(ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to forthwith consider the case of the petitioner for selection and appointment on the post of Assistant Teacher (Primary) in Science subject in connection with recruitment advertisement dated 07.11.2025 issued by the respondent no. 3, based on the quality point marks obtained by the petitioner.

5. Learned State Counsel was given 2026:UHC:1284

time to get instructions. On instructions, he submits that respondent no. 4 had claimed benefit available to Uttarakhand Rajya Andolankari; Uttarakhand Rajya Andolankari are entitled to horizontal reservation to the extent of 10 percent in appointment to State Services; respondent no. 4 was appointed against a vacancy reserved for Uttarakhand Rajya Andolankari, while petitioner had not claimed any reservation, therefore, she was considered against unreserved vacancy.

6. Learned State Counsel refers to advertisement dated 07.11.2025, where under the heading "Note", it is mentioned in Clause 2 that 'horizontal reservation shall be applicable to the posts as per the Government Order(s), issued by State from time to time'.

7. Learned State Counsel has drawn attention of this Court to the provisions contained in "The Uttarakhand Reservation in Government Service For The identified Andolankari Of Uttarakhand State Movement Or Their Dependants Act, 2023", which was notified on 18.08.2024. Section 4 of the said Act provides horizontal reservation to the extent of 10 percent to identified Andolankari or their dependants in State Services.

8. Learned counsel for the petitioner although submitted that petitioner also belongs to Uttarakhand Rajya Andolankari, therefore, petitioner is also entitled to avail the benefit available to Uttarakhand Rajya Andolankari, however, he fairly conceded that petitioner did not claim benefit of Uttarakhand Rajya Andolankari in the selection in question.

2026:UHC:1284

9. Learned counsel for the petitioner submitted that in the break-up of vacancies, as given in Column 1 of the advertisement, there was nothing to indicate that reservation would also be available to Uttarakhand Rajya Andolankari, therefore, petitioner could not claim benefit of reservation, even though she belongs to that category.

10. The said contention is bereft of merit. Note 2 of the advertisement clearly provides that horizontal reservation applicable to State Services shall be given as per Government Order issued from time to time. Thus, the grievance raised by petitioner's counsel is without any substance. Clause II of the Note was clear notice to all candidates that horizontal reservation would be applicable as per the applicable Government Orders or Legislation.

11. Even otherwise also, without claiming benefit available to a particular reserved category, petitioner cannot raise a grievance that such benefit was not given to her. Admittedly, respondent no. 4 belongs to a different category of person, therefore, petitioner's merit cannot be compared with that of respondent no. 4.

12. No other contention was raised by petitioner's counsel. Thus, there is no scope for interference.

13. Accordingly, writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J) 25.02.2026 Aswal NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea3

ASWAL 0f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5 8531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.25 04:16:16 -08'00' 2026:UHC:1284