Makhan Mandal v. Mr. Piy ush Garg and Mr. Vikas Bahuguna, learned counsel for t he

Pr e se n ce : - Mr. Piy ush Garg and Mr. Vikas Bahuguna, learned counsel for t he appellant . Mr. B.S. Parihar, learned Addit ional C.S.C. for t he St at e of Ut t arakhand. JUD GM EN T : ( p e r H ON ’ BLE M R. G. N A REN D A R, C.J.) Heard t he learned counsel for t he appellant / writ pet it ioner and t he learned Addit ional C.S.C. for t he St at e of Ut t arakhand.

2. We have perused t he order under Appeal. The learned Single Judge has gone int o t he issue of t he correct ness of appoint m ent , pursuant t o product ion of cert ificat es, wherein a num ber appoint m ent s cam e under a cloud, on t he ground t hat t he candidat es had placed fabricat ed docum ent s and forged cert ificat es and secured appoint m ent s, and placing reliance on t he law laid down by t he Hon’ble 1 Apex Court , t he learned Single Judge has right ly been pleased t o set aside t he appoint m ent s.

3. I t is t he case of t he appellant / writ pet it ioner t hat t he m erit s of t he appellant / writ pet it ioner’s case lie in an ent irely different dom ain. I t was t he specific case of even t he respondent / St at e t hat t he appoint m ent was bad, in view of t he Governm ent Order of t he year 1989 issued by t he St at e of Ut t ar Pradesh, whereby t he efficacy of Cast e Cert ificat es possessed by Bengalis, and issued in t he St at e of U.P., was rest rict ed t o benefit s of scholarship only; t hat t he St at e has failed t o appreciat e t he correct ness and legalit y of t he Governm ent Order of t he year 1969, whereby t he St at e of Ut t ar Pradesh has been pleased t o confer a privilege on Bengali speaking dom iciles, who belong t o t he Scheduled Cast e, and were conferred t he sam e st at us, as conferred on t he local resident s, who belong t o Scheduled Cast e, and who are covered under t he President ial Order; t hat t he case of t he appellant / writ pet it ioner is t hat t he Governm ent Order of t he year 1989 did not det ract from , or supersede t he Governm ent Order of t he year 1969, conferring Scheduled Cast e st at us on people of Bengali origin, who had set t led in t he St at e of Ut t ar Pradesh; and t hat 2 t he correct ness of t he said Governm ent Order of 1969 had never been called in quest ion, and hence t he order of t he learned Single Judge, holding t he appoint m ent of t he pet it ioner also, as illegal, is prim a facie cont rary t o t he fact s.

4. A perusal of t he order under Appeal would show t hat no such case was canvassed before t he learned Single Judge. A reading of t he order would also show t hat t he considerat ion of cases was on t he ground of fabricat ed and fake cert ificat es, placed before t he Appoint ing Aut horit y, and appoint m ent s having been m ade on t he st rengt h of such fake and fabricat ed cert ificat es. I n t he inst ant case, t he said issue has neit her been canvassed, nor considered by t he learned Single Judge.

5. I n t hat view of t he m at t er, t his being a Special Appeal, it would not be appropriat e for t his Bench t o adj udicat e t he correct ness of t he order of t he learned Single Judge, on t he basis of a case, which has not been canvassed, or considered by t he learned Single Judge. I n t hat view of t he m at t er, we are of considered view t hat t he appropriat e rem edy for t he appellant / writ pet it ioner would be by way of a Review 3 Pet it ion. The learned counsel for t he appellant / writ pet it ioner also concedes t o t he sam e.

6. I n t hat view of m at t er, t he present Special Appeal st ands disposed of, by reserving libert y t o t he appellant / writ pet it ioner t o prefer a Review Pet it ion, subj ect t o condit ion t hat t he Review Pet it ion, preferred wit hin t wo weeks, shall not be rej ect ed on t he ground of delay and laches.

7. Accordingly, t he Special Appeal st ands disposed of, by reserving such libert y as not ed supra. Pending applicat ion( s) , if any, also st and disposed of accordingly. G. N A REN DA R, C.J. A SH I SH N A I TH A N I , J. Dt : 19 t h June, 2025 SB SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2 1822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E6 7B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA 4