High Court · 2025

learned Senior 1. Mr. T.A. Khan, Counsel assist ed by Mohd. Shafy, learned counsel for t he pet it ioner.

2. Mr. Raj eev Singh Bisht , Addit ional C.S.C. Ut t arakhand. learned t he St at e of

3. Pet it ioner was appoint ed as Pat wari ( Revenue Sub- I nspect or) in Dist rict Tehri Garhwal vide order dat ed 03.02.2001. He was subsequent ly t ransferred from t o Dist rict Dist rict Dehradun by Divisional Com m issioner, Garhwal Division, vide order dat ed 23.01.2008. Tehri Garhwal The next prom ot ional post t o 4. is Revenue Revenue Sub- I nspect or I nspect or and before prom ot ion, one has t o undergo requisit e t raining. I n Dist rict Dehradun, a select list was prepared of candidat es, who were nom inat ed undergoing t raining. Since pet it ioner ’s nam e was not included in t hat list , and according t o him , persons, who were appoint ed as Revenue Sub- I nspect or aft er him are also nom inat ed for t raining, t herefore, pet it ioner has approached t his Court seeking t he following reliefs: - ( i) To issue a writ order cert iorari quashing t he list dat ed 28.03.2025 ( Annexure no. 1 t o t his pet it ion) , issued by t he respondent no. 2 for t he purpose of t raining of Revenue I nspect or of 18 t h Bat ch. ( ii) To issue a writ order or direct ion in t he t he of m andam us direct ing nat ure respondent s t o include t he nam e of t he pet it ioner in list of eligible candidat es issued on 28.03.2025 and provide his t he t raining of Revenue I nspect or 18 t h bat ch like ot her candidat es and place his nam e in t he list of in accordance of his dat e of candidat es subst ant ive appoint m ent i.e. 03.02.2001 and t he respondent s be furt her direct ed t o t he post of prom ot e Revenue I nspect or in accordance wit h his dat e of his subst ant ive appoint m ent i.e. 03.02.2001. t he pet it ioner t o

5. I t is not in disput e t hat select ion for t raining is t o be m ade on t he crit eria of seniorit y subj ect t o rej ect ion of unfit .

6. A count er affidavit has been filed by Dist rict Magist rat e, Dehradun in which it is m ent ioned t hat pet it ioner sought t ransfer from Dist rict Tehri Garhwal t o Dist rict Dehradun, which was accept ed by Divisional Com m issioner, and in t he order, passed by Addit ional Dist rict Magist rat e ( Adm inist rat ion) , Deharadun on 10.03.2008, specifically m ent ioned t hat since pet it ioner ’s t ransfer t o Dehradun is on his request , t herefore, he would be placed at t he bot t om of t he seniorit y list in Dist rict Dehradun. The order passed by Addit ional Dist rict Magist rat e is enclosed as Annexure – CA2 t o t he count er affidavit . it was t his Court Learned St at e Counsel has drawn list of t he

7. at t ent ion of candidat es, who are nom inat ed Revenue enclosed as Annexure – CA3 count er affidavit . I nspect or Training, which t he t o t o

8. Perusal of t he said list indicat es t hat Revenue I nspect ors, appoint ed in Dist rict Dehradun upt o May 2007, alone have been nom inat ed for t raining. By virt ue of order dat ed 10.03.2008, passed by Magist rat e Dist rict Addit ional ( Adm inist rat ion) , Dehradun, pet it ioner cannot have any grievance against nom inat ion appoint ed in Dist rict Dehradun upt o May, 2007. persons, who

9. The subm ission m ade by learned Senior Counsel for t he pet it ioner t hat pet it ioner was appoint ed as Revenue Sub- I nspect or in 2001 and he was t ransferred, not on request but in public int erest t o Dehradun, get s belied by t he docum ent cont ained as Annexure – CA2 t o t he count er affidavit . Counsel

10. Learned Senior pet it ioner could not subst ant iat e his allegat ion t o pet it ioner in Dist rict Dehradun have been nom inat ed for t raining. persons j unior t hat t here 11. Thus, int erference in t he m at t er. Accordingly, t he writ pet it ion is hereby dism issed. fails and ( M a n o j K u m a r Ti w a r i , J)

02.09.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d136951 2ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE 58A58531726FBB0, cn=NITI RAJ SINGH ASWAL